§ 33-08 Miscellaneous Provisions.
RCNY § 33-08
(a)Termination. Notwithstanding any provision to the contrary in these Rules or in any document concerning any selection process, Project, or Program, the Agency may reject any Applicant or Selected Applicant and/or terminate any negotiations, selection process, Project, and/or Program at any time and for any reason, including, but not limited to, the reasons set forth in 28 RCNY § 33-08(a)(1), (a)(2), (a)(3), and (a)(4), or without cause.
(1)Adverse Findings. The Agency determines at any time that good and sufficient reasons exist why the City should not do business with an Applicant or Selected Applicant or should not allow such Applicant or Selected Applicant to act as Sponsor for a Project. Such reasons shall include, but shall not be limited to, evidence with respect to the Applicant or Selected Applicant or any member of its development team of (i) arson conviction or pending cases; (ii) harassment conviction or pending cases; (iii) arrears or default upon any debt, lease, contract, tax, lien, fee, charge, or obligation to the City; (iv) City mortgage or tax foreclosure proceedings or arrears; (v) unsuccessful record with comparable projects, including, but not limited to, poor workmanship, failure to complete a project expeditiously, substantial and significant building violations or litigation history against other properties, or unsuccessful record of managing residential real property; (vi) inability, due to lack of organizational capacity, competing demands from other projects, or any other factor, to perform all required Project Activities; (vii) bankruptcy or insolvency; (viii) violation of the conflict of interest provisions of the Charter or any other applicable Laws; or (ix) failure to obtain IG Clearance, EO Clearance, or other necessary City clearances.
(2)Unable to Recommend Sale. The Agency is unable to recommend to the Governing Body that it grant the approvals required for a Project for any reason, including, but not limited to, a determination by the Agency that (i) the Applicant or Selected Applicant has failed to clear one or more of the required City reviews, (ii) there has been a transfer of ownership interests in the Applicant or Selected Applicant after commencement of negotiations without the approval of the Agency, (iii) adequate City funding for the Assistance to be included in the Project is not available, or (iv) funding to be provided by entities other than the City is not available or is not provided in a timely manner.
(3)Noncompliance. An Applicant or Selected Applicant has failed to comply with any term or condition established by the City or the Agency, including, but not limited to, any Program or Project requirement, deposit requirement, deadline, or schedule.
(4)Best Interests of City. The Agency or the City has not approved the Agency Activities required for a Project for any reason determined by the Agency or the City to be in the best interests of the City.
(b)Agency Discretion. All determinations to be made by the Agency and/or the Commissioner in accordance with these Rules shall be in the sole discretion of the Agency and/or the Commissioner; provided, however, that the Agency and/or the Commissioner shall comply in all respects with applicable Laws.
(c)Statutory Authority Not Limited. Nothing in these Rules shall be deemed to prevent the Agency from exercising such greater or additional rights, remedies, privileges, powers, and authority as shall be provided by Law.
(d)Rights Not Conferred. These Rules are not intended to confer rights or benefits upon the general public or upon any individual or entity. Nothing in these Rules shall be deemed to confer any rights or benefits whatsoever upon any party which are in addition to any rights deriving from applicable Laws or written contracts with the Agency.
(e)No Legal Obligation. At any time prior to the execution of a Binding Agreement, the Agency may withdraw all or any portion of a Site from a Project, change the Agency Activities and Project Activities contemplated in connection with a Project, change the Sponsor selection process for a Project, terminate negotiations with an Applicant or Selected Applicant, commence negotiations with one or more other Applicant(s) or Selected Applicant(s), or take any other action deemed by the Agency to be necessary or appropriate. No selection process, or part thereof or actions in connection therewith, shall represent or result in any obligation or agreement whatsoever on the part of the City or the Agency, which may only be incurred or entered into by written agreement approved by the Governing Body, if applicable, and the Law Department and duly executed by both parties. The City and the Agency shall not be obligated to pay, nor shall they in fact pay, any costs or losses incurred by any Applicant or Selected Applicant at any time, including, but not limited to, the cost of responding to a selection process. An Authorization Letter or Negotiation Letter, or any written or oral communication with respect to the selection of a potential Sponsor or the ensuing negotiations, is not a contract or agreement and shall not create any rights on the part of the Applicant or Selected Applicant, 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 Sponsor enter into a Binding Agreement. Approval of a Project and any agreements in connection with such Project by the Governing Body, if applicable, and the Law Department shall not obligate the Agency to proceed with the Project or with the execution of such agreements.
(f)Technical Violations. Technical violations of these Rules shall not invalidate the selection of any Site, the selection of any Sponsor, or any other Agency Activity taken pursuant to these Rules, nor shall such technical violations give rise to any rights, claims, or causes of action in favor of members of the general public or potential sponsors.
(g)Compliance With Laws. All Agency Activities by the Agency pursuant to these Rules shall be made in accordance with applicable Laws. Each Site and Sponsor selected for any Project pursuant to these Rules shall meet the eligibility criteria of the Laws which authorize the Agency to undertake the Agency Activities necessary or incident to the performance of such Project.
(h)Fees. The Agency shall promulgate by rule the amount of any fee provided for in these Rules.
(i)Waivers. Where literal application of one or more of the provisions of these Rules would result in unnecessary hardship, would involve practical difficulties, or would constitute an unreasonable limitation beyond the intent and purpose of these Rules, the Commissioner may at any time waive in writing such provision or provisions of these Rules with respect to any Project. Such writing shall state the reasons for such waiver.
(j)Singular and Plural. With respect to any of the terms used in these Rules, the singular shall be deemed to include the plural and the plural shall be deemed to include the singular, unless the context requires otherwise.
(k)Effective Date. These Rules shall be deemed effective as of June 29, 1997.
