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<br />Up to three (3) ranked proposers may be invited to make a presentation at a public <br />meeting to the City Commission. The City Commission will ultimately select the <br />successful proposal at a public meeting based on the recommendation of the City <br />Manager. <br /> <br />The City reserves the right to negotiate such terms and conditions with the successful <br />proposer as it deems in the public interest. In the event a contract and ground lease is not <br />negotiated to the City's satisfaction, the City may abandon such negotiation, and if it <br />determines it appropriate, to then commence negotiations with the next proposer. <br />Negotiations of the public aspect of the project will be in accordance with Section <br />287.055, Florida Statutes. Proposals will be accepted under the provisions of Section <br />255.20, Florida Statutes, and shall be subject to competitive negotiation. <br /> <br />Proposals entered into this RFP process shall be considered irrevocable until after a <br />bidder is selected to enter into contract with the City. Withdrawal during this period or a <br />failure to participate in the requirements of the bid process shall result in a forfeiture of <br />the bid deposit. <br /> <br />x. Right to Reject and Withdraw <br /> <br />The City Commission reserves the right to reject any or all Proposals, to waive any <br />informalities or irregularities in any Proposals received, to re-advertise for Proposals, to <br />award in whole or in part to one or more offeror's, or take any other such actions that may <br />be deemed to be in the best interests of the City. Upon the City's acceptance of a <br />proposal, the proposer's failure to execute the ninety-nine (99) ground lease and all <br />related documents including but not limited to a Parking Garage and Park Construction <br />Agreement, a Development Agreement relating to the Aquatic Entertainment Complex <br />and a Operating Agreement within one hundred twenty (120) calendar days from the <br />determination by the City Commission to accept the proposal shall be a basis for the City <br />Commission to reject the proposal. <br /> <br />The City specifically reserves the right to refrain from accepting a proposal for the <br />design/build of the project and entering into a ninety-nine (99) year ground lease to any <br />person and to withdraw from the process and/or negotiations at any time at its sole <br />discretion. The City reserves the right to enter into a ground lease and related documents <br />with any of the proposers on the basis of the impact on redevelopment by the proposed <br />project at the City's sole discretion. The City expressly reserves the right to obtain <br />economic feasibility studies and parking studies with regard to any or all of the subject <br />proposals. <br /> <br />RFP Aquatic Entertainment Center <br /> <br />19 <br />