RFP_GRM220445_Development_Opportunity_-_1749_W._Silver_Springs_Boulevard_and_105_SW_19th_Avenue_-_Main_Document.pdf

Procurement & Contracting Department

110 SE Watula Avenue, Third Floor Ocala, Florida 34471

Telephone: (352) 629-8402 www.bidocala.com

The City of Ocala is accepting sealed electronic submissions for:

Invitation to Negotiate (“ITN”) No.: GRM/220445 for a Development Opportunity at 1749 W. Silver Springs Boulevard and 105 SW 19th Avenue in Ocala, Florida

Parcel Identification Number [2260-110-023 and 2260-110-026]

Official copies of all solicitation documents may be obtained via electronic download from the City of Ocala’s e-procurement portal located at:

www.bidocala.com.

Copies of documents obtained from any other source are not considered official copies.

Solicitation Issue Date: February 2, 2026

Deadline for Questions: March 2, 2026, at 5:00 p.m. (EST) All questions must be submitted to the Procurement Department electronically via www.bidocala.com. Responses will be made electronically and posted online. It is the responsibility of the proposers to check for updates. Any questions received after the deadline will not be considered. Any inquiries regarding this solicitation must be submitted via e-mail to the Buyer Contact identified below.

Submission Deadline: March 19, 2026 at 2:00 p.m. (EST) Sealed electronic submissions shall be accepted via the e-procurement portal up to the submission deadline noted above. Submissions received after the deadline or transmitted to the City of Ocala outside of the e-procurement portal shall be rejected. Any submissions received after the stated time and date will not be considered.

Buyer Contact: DAVID WILLIAMS, BUYER E-Mail: dwilliams@ocalafl.gov Phone: (352) 629-8350

THE CITY OF OCALA RESERVES THE RIGHT TO REJECT ANY AND

ALL SUBMISSIONS

http://www.bidocala.com/ mailto:dwilliams@ocalafl.gov

SECTION 1

INTRODUCTION AND PROJECT DESCRIPTION

1. BACKGROUND AND PROJECT OVERVIEW

1.1. BACKGROUND

The City of Ocala (“City”) is seeking proposals from qualified development teams to design, develop and construct a creative new development project on approximately .45 acres of City-owned property located at the corner of 1749 W. Silver Springs Boulevard and 105 SW 19th Avenue.

The City intends to create a mutually beneficial redevelopment partnership with the selected development team. Proposed projects to enhance and compliment the surrounding amenities.

For historical information on West Ocala, visit the West Ocala History Webpage.

1.2. PROJECT OVERVIEW

The City is seeking proposals which strengthen and complement surrounding amenities and activities. The City will select a development team that demonstrates the ability to develop the project site consistent with the City’s vision and development objectives as described in this Invitation to Negotiate (“ITN”).

The City will consider all creative proposals, including the following uses or combinations of uses:

• Single or two-family housing that adds to the area’s diverse range of housing options;

• Professional and business offices;

• Hairstyling shop (limited to three stations)

• Medical and dental offices;

• Other complementary commercial uses;

• Community uses.

The City prefers a mix of unique uses, including first floor active uses that are open to the public along Silver Springs Boulevard. Project components should complement and not compete with surrounding uses. We encourage inclusion of locally and regionally owned businesses within the mix of tenants.

All parcels are owned by the City. The City will consider several site control options, including sale of the project site, or other arrangements to be negotiated with the selected developer. The cost(s) and terms will be negotiated with individual builders/developers.

Proposers are encouraged to communicate any questions regarding this ITN by the deadline set forth for questions herein. All questions should be sent in writing via e-mail to the Buyer Contact identified. Questions and answers will be communicated to all proposers by issuing an addendum posted to www.bidocala.com.

https://www.ocalafl.org/our-city/live/historic-preservation/west-ocala-history

2. SITE DESCRIPTION AND CURRENT CONDITIONS

This City-owned development site consists of two (2) parcels totaling approximately .45 acre.

The project site is comprised of Parcel ID Numbers 2260-110-023 and 2260-110-026.

The project site is situated amid privately owned mixed-use commercial sites and an established residential neighborhood.

• The district is not deemed a commercial district.

• If a retail use is proposed, the property would have to be rezoned appropriately.

The new development should seamlessly connect the established residential neighborhood to the mixed-use commercial district.

2.1 ZONING AND DESIGN PRINCIPLES

The site is zoned Residential-Office (RO). This zoning district is intended primarily for residential, professional and business office uses that are not incompatible with adjacent residential zones. This zoning district allows for one-and two-family dwellings and professional and business offices subject to statutory limitations. Please refer to the Residential-Office District Regulations at Article V, Division 6, sections 122-371 through 122-378 of the Zoning Code for the City of Ocala.

The development should improve the pedestrian environment through building orientation, attractive building facades and pedestrian amenities. The design principles call for activation along the street with ample street facing windows and visible customer entrances. Quality natural building materials are expected. Buildings are to respect the street context, form street walls and provide density. Parking should be contained on site in accordance with the Zoning Code. Building design and architecture shall incorporate elements of the Form Based Code as outline in Exhibit F – Form-Based Code.

This site falls within a designated Community Reinvestment Area (CRA) and/or may be eligible for tax incentives.

3. PURPOSE AND OBJECTIVES OF THE PROJECT

A. PURPOSE

The City envisions a development at the project site which contributes to a vibrant, mixed-use district. The City encourages creative and innovative ideas for the use, design and space, with the goal of creating a unique, dense, walkable, and connected development.

B. OBJECTIVES

The City desires to:

• Protect West Ocala against the deterioration and decline of properties and areas located within the project area and surrounding properties and areas;

• Drive activity to and within West Ocala, including activating the street level;

• Create connectivity throughout West Ocala and across major roadways;

• Foster a vibrant, walkable environment and provide a safe, inviting pedestrian experience;

https://library.municode.com/fl/ocala/codes/code_of_ordinances?nodeId=PTIICOOR_CH122ZO_ARTVDIRE_DIV6ROREFIDI https://library.municode.com/fl/ocala/codes/code_of_ordinances?nodeId=PTIICOOR_CH122ZO_ARTVDIRE_DIV6ROREFIDI

• Provide opportunities for increased use of public transit and multiple modes of transportation;

• Support and encourage sustainable development practices (those that incorporate measurable sustainable standards will be given additional consideration);

• Build on and offer the sense of community for which West Ocala is known;

• Complement and create harmony among all adjacent uses, including the directly adjacent single family residential neighborhood;

• Incorporate community feedback into the design;

• Encourage commercially reasonable efforts to achieve inclusion of minority-owned, female owned, veteran-owned and DSBE-certified business enterprises in the design, development and/or construction of the development;

• Deliver returns on public investment, such as job creation, tax revenue, property values, and/or community uses

4. MINIMUM QUALIFICATIONS

Responding developers, builders, partnerships and/or agencies shall be required to meet minimum qualifications at the time proposals are submitted. Proposals must clearly demonstrate that the developer, builder, partnership and/or agency meet the following qualifications:

A. Have no less than five (5) years of relevant project experience involving the development and construction of similar commercial and/or residential projects;

B. Have principally developed and completed no less than three (3) separate similar projects;

C. Have creditworthiness and a demonstrated capacity to secure the financial commitments proposed to complete the development;

D. Be authorized to do business in the state of Florida and possess all required business and professional licenses;

E. Have a satisfactory record of contractual performance.

5. PROJECT INFORMATION

The following information is provided to assist Proposers with the preparation and refinement of their respective development proposals.

A. Land Acquisition Price (Purchase Price). The City of Ocala may dispose of property for economic development in such fashion as determined by City Council including, without limitation, public auction, sealed bids, real estate listings, lease, donation (upon a finding that a sufficient public purpose exists), or otherwise; the assessed value as determined by the Appraisal report attached hereto as EXHIBIT C Property Appraisal for assessed value information. The City of Ocala reserves the right to conduct a re-appraisal of the property and to negotiate or execute any resulting agreements based on the updated appraised value.

B. Site Control. The City of Ocala is owner of the subject Property. The City intends to provide site control by fee-simple conveyance, subject to final approval by City Council.

The Property will be sold to the successful developer pursuant to the terms and conditions of the Development Agreement. The Property will be sold on an “as-is” basis.

C. Permits. The successful developer shall be required to obtain all required permits for construction. It shall be the responsibility of the proposers to diligently conduct additional research to verify permitting requirements for the project.

D. Incentives. The City and the CRA are willing to consider development incentives, if justifiably needed. Suggested and required incentives must be identified and quantified by the respondent. The rationale for each incentive desired must be explained sufficiently to justify its need. The City/CRA will not consider incentives as compensation for risk.

The City does not have the ability to provide short-term cash incentives. When necessary, respondents should carefully consider incentive options that would provide long-term benefit and win/win scenarios for the respondent and the City/CRA. At the full discretion of the City, fee incentives (waiver, deferment or reimbursement) and Tax Increment Financing (TIF) payments may be available.

E. Development and Design Standards. All proposals are required to adhere to the design and development standards in the Form-Based Code (FBC). Therefore, building design and architecture shall incorporate elements of the FBC. Conceptual Architecture plans and elevations must be approved by the City of Ocala’s Growth Management Department prior to closing. The development should improve the pedestrian environment through building orientation, attractive building facades and pedestrian amenities.

Respondents should focus on delivering quality building architecture through building placement, building material, articulation, fenestration and transparency. Designs Standards outlined in Section 122-967 of the Form Based Code should benchmark all proposed designs.

Proposers should also carefully consider and demonstrate how the combination of particular mixed uses is compatible and will create optimum synergy between the mixes of uses. Proposers should clearly indicate each type of use they envision on the property, the approximate square footage for each use, the approximate location of the use on the property, and the timeframe of when each use will be developed within the total development cycle envisioned for the site.

Respondents should provide colored renderings of the site and front, back and side elevations of building(s) and decorative structures such as hardscape features and entrance signs.

Future land use in the great majority of the Midtown area is planned as High Intensity/Central Core in Ocala Vision 2035. This land use pattern calls for a high mixture of uses, taller buildings, smaller setbacks, wide sidewalks to improve pedestrian activity, plazas and civic areas, and parking located on-street or behind buildings.

F. Construction Timeline. Developer must provide a construction schedule no longer than eighteen (18) months. Language shall be included in the deed document to allow title to revert to the City in the event that construction is not initiated within six (6) months of closing and any deposit or other funds paid by Developer shall be forfeited to the City.

G. Accessibility. Proposers are required to design a project that is pedestrian friendly and accessible to persons with disabilities in compliance with the Americans with Disabilities Act (ADA).

H. Funding Commitments. Developer must show evidence of funding commitment to complete construction such as a construction cost estimate and bank funding commitment letter, bank statement(s), and/or grant agreement(s) to support construction of the units.

See Financial Review Committee (FRC) Guidelines attached hereto as Exhibit I

6. EXHIBITS. Each of the following Exhibits are incorporated into and made a part of this ITN as if fully set forth herein.

EXHIBIT A: RO Residential -Office District Code EXHIBIT B: Map EXHIBIT C: Property Appraisal EXHIBIT D: Boundary Survey EXHIBIT E: ESA Phase I EXHIBIT F: Form-Based Code EXHIBIT G: Term Sheet EXHIBIT I: Financial Review Committee (FRC) Guidelines

END OF SECTION

SECTION 2

INSTRUCTIONS TO PROPOSERS

The intent of this Section is to standardize the proposals to allow for ease of evaluation. It is not an attempt to limit the content of the proposals. Proposers may include any additional data or information deemed pertinent to the ITN.

Proposals should be prepared simply and economically, providing a clear and concise response to the requirements herein. Proposers are encouraged to describe those characteristics and services that make their respective organizations unique and best suited for selection. Proposals which fail to provide requested information and assurances of performance sufficient enough to accurately assess the evaluation criteria set forth herein will be rejected and shall not be given further consideration.

Proposals may be accepted and a contract awarded on the basis of the initial proposals received.

Oral presentations and/or Best and Final Offers may not be requested or required if it is determined by the City’s Selection Committee that a selection is capable of being made on the initial proposals submitted.

2.1. SUBMISSION OF PROPOSALS

A. Proposer shall upload one (1) electronic submittal package on www.bidocala.com for evaluation.

B. All proposals must be electronically submitted by or before 2:00 PM, on the listing end date/bid close date cited on ProRFX at www.bidocala.com.

C. Only submittals received electronically on www.bidocala.com by the correct time and date will be recorded.

D. Proposals may not be submitted by any other means other than as described in this

Section. The City will not accept proposals sent by U.S. Mail, private couriers, facsimile, or e-mail.

E. Proposers are required to carefully examine the ITN, all attached Exhibits, and any subsequently issued addenda to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under the resulting contractual agreement. No additional allowances will be made due to Proposer’s lack of knowledge of these conditions.

F. Proposals failing to conform to the instructions provided in this ITN will be subject to disqualification in the sole discretion of the City.

2.2. LOBBYING AND PROPOSER CONTACT

A. PROPOSERS ARE HEREBY ADVISED THAT CONTACT IS NOT PERMITTED WITH

ANY CITY PERSONNEL OR BOARD MEMBER RELATED TO OR INVOLVED WITH

THIS REQUEST. PROPOSERS ARE RESTRICTED FROM DISCUSSING THEIR

SUBMITTALS AND THIS SOLICITATION WITH COMPETING FIRMS. ALL ORAL OR

http://www.bidocala.com/

WRITTEN INQUIRIES MUST BE DIRECTED THROUGH THE ASSIGNED BUYER

CONTACT.

B. LOBBYING IS DEFINED AS ANY ACTION TAKEN BY AN INDIVIDUAL, FIRM,

ASSOCIATION, JOINT VENTURE, PARTNERSHIP, SYNDICATE, CORPORATION, AND

ALL OTHER GROUPS WHO SEEK TO INFLUENCE THE GOVERNMENTAL DECISION

OF A CITY COUNCIL MEMBER OR ANY CITY PERSONNEL AFTER ADVERTISEMENT

AND PRIOR TO THE CITY COUNCIL VOTE ON THE AWARD OF THIS CONTRACT.

C. CONTACT WITH OTHER SUBMITTING PROPOSERS IS RESTRICTED AFTER

ADVERTISEMENT AND PRIOR TO THE CITY COUNCIL VOTE ON THE AWARD OF

THIS CONTRACT.

D. ANY PROPOSER OR ANY INDIVIDUALS THAT LOBBY ON BEHALF OF PROPOSER

OR INTERACT WITH OTHER PROPOSERS AS DESCRIBED IN THIS SECTION

DURING THE TIME SPECIFIED WILL RESULT IN REJECTION/DISQUALIFICATION OF

THEIR PROPOSAL UNDER SAID SOLICITATION.

2.3. ORGANIZATION OF PROPOSAL

Proposers shall construct their submittals in the following format with a tab separating each Section.

A. Transmittal Letter. A transmittal letter must accompany the submittal and must be signed by an individually legally empowered to represent the responding developer, builder, partnership and/or agency (referred to in this section as the “Developer”). The transmittal letter should include the following:

(1) A statement identifying the legal name of the Developer and stating the entity type for the Developer and any joint developer(s) or subcontractor(s) (e.g. non-profit organization, or for-profit corporation, limited liability company, partnership, sole proprietor, etc.).

(2) A statement identifying the person(s) and title(s) of the person(s) authorized to sign all legal documents on behalf of the Developer.

(3) A statement acknowledging receipt and review of this ITN by the Developer, including its Exhibits and any and all addenda, and understanding that all terms and conditions contained herein may be incorporated into a resulting contract.

(4) A statement that the Developer and its joint developer(s) or subcontractors:

(a) have no less than five (5) years of relevant project experience involving the development and construction of redevelopment projects;

(b) have principally developed and completed no less than three (3) separate similar development projects;

(c) worthiness and a demonstrated capacity to secure financial commitments proposed to complete the development; and

(d) are individually registered to do business in the state of Florida and that evidence of such registration shall be provided prior to contract award.

B. TAB 1 – Development Team Composition, Roles, and Availability.

(1) Provide a brief narrative which provides a general description of the name, address, telephone number, and e-mail address of the Developer and any joint developer(s), subcontractor(s) or other key personnel (general contractor, architect, engineers, etc.) that will be committed to the Project.

(2) For each Development Team member identified, describe their respective role and responsibilities as it relates to this Project and provide a resume depicting education, certifications, professional affiliations, licensure, and any other unique qualifications.

(3) Identify the percentage of time that each Development Team member intends to devote to the entire Project and any other projects currently on-going or anticipated to be on-going during the timeframes noted in the Project Schedule.

(4) If any member of the Development Team or subcontractor(s) are a Minority Business Enterprise certified by the state of Florida or qualifies as a Section 3 Business Concern, please provide a copy of said certification(s).

C. TAB 2 – Experience and Qualifications of the Development Team.

(1) Provide a narrative overview of the Development Team’s experience and cohesion, as demonstrated by past experience working together on similar projects of comparable size and complexity.

(2) List the 3 qualifying development projects and any other applicable projects in the last five (5) years where the Developer and any joint developer(s) or subcontractor(s) principally developed, constructed, and completed mixed-use projects. For each project submitted as proof of experience, please identify:

(a) Project location;

(b) Project description;

(c) Number and size of developments;

(d) Year completed; and

(e) Project reference information (name, title during project, phone and email.

D. TAB 3 – Development Approach and Project Summary.

(1) Provide a development concept that identifies the type of development and/or partnership the proposer envisions with the City (e.g., property purchase, long term lease, and/or build-to-suit) and summarizes the overall economic impact and tangible benefits for the redevelopment area and the City. The development concept must include, without limitation, the following:

• A narrative of the proposed development which includes a description of how the development will meet the requirements and considerations of this ITN.

• A narrative describing the development’s short-term and long-term growth goals

(2) Provide a schematic design of the overall area, including descriptive architecture and site design concepts, in plan and perspective views.

(3) Describe any unique design elements or other features that make the proposal a signature development which will enhance the versatility and appearance of the project site. Provide renderings as needed.

(4) Provide the anticipated land use/building mix, including estimated square footage, number of dwelling units, by type of use.

(5) Demonstrate the development’s compatibility with the surrounding context and how it adds vitality to the surrounding area.

E. TAB 4 – Project Finances.

Describe the financing structure proposed to develop the project. Identify amounts and sources of equity capital and debt service that will be needed for permanent financing. Identify the amount and source of construction financing, including terms. Identify the amounts and sources of public subsidies to fill finance gaps.

Discuss your team’s history in successfully obtaining funds from the identified sources.

(1) Development Budget: Provide, in a worksheet format, a Project Cost Breakdown itemizing all associated hard and soft costs supported by cost estimates, to include:

(a) Land acquisition costs;

(b) Costs associated with on-site and off-site improvements;

(c) Construction costs (new construction, contractor overhead, contractor profit, contingency);

(d) Interim costs (construction insurance, construction interest, construction loan origination fee, real property tax and other taxes);

(e) Architectural and engineering fees (design, supervision, engineering);

(f) Financing fees and expenses (credit report, title and recording, etc.);

(g) Other costs (appraisal, market study, environmental reports, building permits, tax credit fees, consultants, etc.);

(h) Developer’s Fee; and

(i) Project Start-Up (management, marketing, etc.); and

(j) Other costs as applicable.

(2) Funding Sources and Uses Schedule: Identify all proposed funding sources (both public and private) to be utilized to complete this Project and provide all proposed uses of funds, to include:

(a) A detailed description of the funding source, (i.e. name, address, telephone number, point of contact for any lender(s) or proposed lender(s));

(b) Dollar amounts requested, interest rate, and terms and conditions of repayment;

(c) Type of financing utilized (conventional/subsidized loan, federal or private grant, deferred payment loan, equity, etc.)

(d) Date funded or anticipated to be funded;

(e) Interest Rates; and

(f) Letters of Financial Commitments from all funding sources, including terms and conditions.

(g) Complete the preliminary Term Sheet attached to this Solicitation as Exhibit G – Preliminary Term Sheet

• Exhibit G – Preliminary Term Sheet shall include information required to complete a preliminary Term Sheet for the Project. Any proposal to purchase the property must include a minimum purchase price in an amount not less than the fair market value of NINETY THOUSAND DOLLARS ($90,000). Should there be multiple responses to this Development Opportunity, City reserves the right to give preference to the proposal with the highest proposed purchase price after evaluating costs and benefits to the City.

(3) Sale/Rental Project Information: Proposers should state if constructing units for sale or rent, include a cost analysis (including proposed sale price/ rents and) and describe the experience of the sales team or property management capabilities.

F. TAB 5 – Development Schedule

(1) Provide a project timeline detailing completion of each phase of the Project according to project benchmarks that are well-defined and realistically achievable for pre-development activities, construction groundbreaking and completion, and anticipated date of sale/rental/occupancy.

(2) Identify the primary contingencies to the timely implementation and completion of the Project.

2.2. EVALUATION CRITERIA AND PROCESS

It is the intention of the City to award the contract for development rights to the subject Property to the most qualified, responsive, and responsible developer.

A. Administrative Review of Proposals. City Procurement and Contracting Department staff shall first review all proposals in detail to make a determination as to the responsiveness of each proposer.

(1) A proposal will be deemed responsive where it complies with the requirement as set forth in this ITN, including the submission of all required documentation as outlined herein.

(2) If a proposal is found to be inadequate with regard to any of the requirements set forth in this solicitation, the City’s Procurement and Contracting Officer, in his/her sole discretion, shall make a determination as to whether or not the deficiency can fairly be corrected or if the proposal should be rejected and found to be non-responsive.

(3) Only those proposals found to be responsive shall be submitted to the Selection Committee.

B. Selection Committee Preliminary Review (Pass/Fail). Preliminary Review shall consist of the evaluation of proposal quality and clarity, as well as the proposer’s understanding of the project and construction approach on a pass/fail basis. Selection Committee members will individually assess a pass or fail score for each of the evaluation criteria noted below. Proposals that do not receive a passing score from a majority of the Selection Committee members shall be rejected. Those proposals receiving a majority passing score shall be shortlisted and shall move forward to Financial Review.

PRELIMINARY EVALUATION CRITERIA SCORING

(PASS/FAIL)

Proposal Quality, Including Clarity and Understanding of Project and Objectives Pass/Fail

Design and Construction Approach and Process Pass/Fail

C. Financial Review Committee Review. A Financial Review Committee consisting of non-voting members will be formed for the purposes of reviewing specific portions of a proposal and requesting specific information and documentation necessary to determine project feasibility with regard to cost, financing, and proposer’s financial resources to perform the contract and provide the services. The Financial Review Committee’s findings will be provided to the Selection Committee for use in Final Scoring.

D. Selection Committee Final Review. Selection Committee Final Review shall consist of the evaluation of the proposals received only from those firms shortlisted during Preliminary Review against the evaluation criteria noted below. If oral interviews and presentations are determined to be necessary, final scoring will be conducted after the interviews.

EVALUATION CRITERIA WEIGHT

Experience and Capacity of Development Team. The successful experience of the development team in the planning and construction of mixed-use projects of comparable size and complexity. Cohesion of the development team and demonstrated by their previous experience and past track record of completing similar projects on schedule and within budget.

Development Concept and Project Design. The degree to which the proposed development concept meets the City’s objectives. The degree to which the proposed site concept design utilizes the site effectively with regard to functional layout, accessibility, pedestrian improvements, street access, and connectivity to the surrounding area. The degree to which the proposed building design uses scale and architecture compatible with the applicable design standards and the extent to which building design incorporates innovations, energy efficiency, and green features.

Financing Plan. Feasibility of the financing plan for development as reflected in the development budget, pro forma, sources of funds and reasonableness of development costs. Estimated overall community, economic, and/or tax benefit to the City. Project’s ability to fulfill an unmet need in the community.

Development Schedule. Development schedule to complete each phase of the project according to project benchmarks that are well-defined and realistically achievable. Ability to meet the proposed development schedule based on the development team’s respective disciplines, staffing availability, clear lines of responsibility, past experience, and history of completing projects of a similar nature.

Total Maximum Points 100

NEGOTIATIONS AND INTENT TO AWARD. After teams have been ranked based upon the Evaluation Criteria, the City will engage in negotiations with the highest ranked proposer with the intent of reaching a development agreement granting development rights to the subject property. In the event that the City is unable to negotiate a contract with the highest-ranked proposer, such negotiations will be terminated, and negotiations will commence with the next highest-ranked proposer, and so forth, until a contract is negotiated or the City rejects all proposals and terminates the solicitation.

(1) Negotiation meetings will be conducted in Ocala, Florida and the City will distribute instructions and/or agendas in advance of each negotiation session. Representatives for the proposer should plan to be available, without interruptions, for the entirety of the scheduled negotiation meeting.

(2) Negotiations will not be open to the public, but will be recorded pursuant to Section 286.0113, Florida Statutes. The recorded sessions and any records presented at the meeting will remain exempt from Florida Public Records until such times as the City provides notice of an intended decision or until 30 days after the final reply, whichever occurs first. Provided, however, if the information provided at the meeting is deemed to be material to the ITN, then an addendum will be issued to all responders.

(3) After the successful negotiation of a Development Agreement, the City will issue its Intent to Award and present the resulting Agreement to City Council for approval. City Council may approve the recommended award and negotiated Agreement or reject the award and Agreement. The decision of City Council shall be final.

END OF SECTION