§ 33-04 Negotiations.
RCNY § 33-04
(a)Notification. Upon the completion of any selection process, the Agency shall notify each respondent Applicant of the Agency's determination with respect to such Applicant. Such notification may be in such form and delivered in such manner as the Agency deems to be appropriate. With respect to any Selected Applicant, the form of such notification may include, but shall not be limited to, a Negotiation Letter, Authorization Letter, or Loan commitment letter.
(b)Negotiations. Negotiations with any Selected Applicant shall be subject to satisfaction of all conditions established in these Rules or imposed by the Agency, Governing Body, or applicable Law.
(1)Deadlines. The Agency may require the Selected Applicant to commence or complete negotiations and/or commence or complete other specified actions within a specified time period.
(2)Deposits. The Agency may require the Selected Applicant to pay deposits of such types, in such amounts, and at such times as the Agency deems appropriate. The Agency shall notify the Selected Applicant in writing of (i) the types and amounts of the deposits, if any, which the Selected Applicant is or shall be required to pay, (ii) the date upon which each such deposit shall become due, (iii) whether such deposits are refundable or non-refundable, and (iv) if such deposits are refundable, the conditions under which a refund will be issued.
(3)Project Requirements. The Agency may establish Program and Project requirements and conditions for the commencement and continuation of negotiations.
(4)Schedule. The Agency may establish a schedule of activities which must be completed as pre-conditions for the Agency Activities to be taken in connection with the Project.
(c)No Liability. An Authorization Letter or Negotiation Letter, or any written or oral communication with respect to the selection of a Selected Applicant or the ensuing negotiations, is not a contract or agreement and shall not create any rights on the Selected Applicant's part, including, without limitation, rights of enforcement, equity or reimbursement. No such contract or agreement shall exist, and no such rights shall be created, until the City and the Selected Applicant enter into one or more Binding Agreement(s) requiring such Selected Applicant to perform or be responsible for the performance of Project Activities in connection with a Project.
(d)Termination. The Agency may terminate negotiations with a Selected Applicant at any time with or without cause. If the Agency elects to terminate negotiations with a Selected Applicant, the Agency shall notify the Selected Applicant of such termination. Such notification may be in such form and delivered in such manner as the Agency deems to be appropriate.
