NOTICE TO DEVELOPERS OF MADISON, MORRIS COUNTY, BOROUGH OF MADISON’S GREEN ROAD SCHOOL PROPERTY REDEVELOPMENT PLAN RSOQ-EC-12-0203-0400

REQUEST FOR QUALIFICATIONS (“RFQ”) FOR INTERESTED DEVELOPERS

NOTICE IS HEREBY GIVEN that the Borough of Madison is soliciting qualifications from developers interested in being designated as “redeveloper” (as defined in N.J.S.A. 40A:12A-3) for the Borough’s Green Village Road School Property Redevelopment Project. Copies of the Green Village Road School Property Redevelopment Plan (“Plan”) are available in the Borough Clerk’s office, and on the official Borough of Madison website.

Interested parties must submit an original and 12 copies of their qualifications, including one electronic copy as a single searchable PDF file on a CD-ROM or other similar media, in a sealed envelope marked “RFQ – Green Village Road Redevelopers” to the Borough Clerk, Hartley Dodge Memorial Building, 50 Kings Road, Madison, N.J. 07940, no later than 4:00 p.m. on Friday, February 3, 2012. Submissions should:

a. Set forth the developer’s experience (including experience securing development approvals and financing, and completing construction and marketing), demonstrating its ability to undertake a project consistent with the Plan (the “Project”), including identification and qualifications of any principal contractors, subcontractors and Project team members (including civil engineer, architect, professional planner, and attorney). (The Borough reserves the right to conduct an independent investigation of any and all developers and/or affiliates and proposed contractors, subcontractors and Project team members and their qualifications by contacting project references, accessing public information, contacting independent parties and regulatory agencies, or otherwise.);

b. Include a certified true copy of developer’s most current audited financial statement or comparable documentation of developer’s current financial status;

c. Describe five past projects of a similar nature, each with a minimum value of $20 million, undertaken by the developer, or an affiliated entity owned and controlled by the developer, that demonstrate the developer’s qualifications to undertake this Project, including a brief narrative, photographs, developer’s role, date of acquisition, date of completion, cost, and funding sources. Include a reference contact for each project;

d. Set forth a brief description of any current similar projects now being undertaken by developer, including references;

e. State details (including dates of occurrences, project locations, names and addresses of involved parties, and outcome of claims or applications) as to any of the following involving developer, or any principal, affiliate, or predecessor of developer: (i) claims alleging breach of

1 any obligation relating to the purchase, development, or improvement of land or any interest in land, (ii) claims alleging breach of any performance guarantee (including surety bonds and/or letters of credit) given to insure the development or improvement of land or any interest in land, (iii) claims alleging a default under any construction loan, (iv) claims alleging breach of any obligation under a developer’s agreement or redeveloper’s agreement with any municipality or redevelopment agency, and (v) applications or claims for relief under the Bankruptcy Code or any other law providing relief to debtors or creditors.

f. The Plan contains the following language: “Provisions shall be made to meet the required affordable housing obligation as required by NJ Department of Community Affairs/State Statute either onsite, off-site or through a payment in lieu agreement.” Describe (i) how the developer has addressed similar requirements on other projects and (ii) how the developer proposes to address this obligation in regard to this Project;

g. Describe the developer’s interest in the Project, along with a description of the developer’s initial vision for revitalization;

h. Set forth location, dates of development approvals for, and nature (including use and density or intensity of development) of all prior projects completed by developer or any affiliate owned or controlled by developer in the Borough of Madison.

After review of all submissions, the Borough may, in its sole discretion, select one or more candidates who will be solicited to submit detailed responses to a Request for Proposals (“RFP”) for the development of the Project. From the responses to the RFPs, the Borough may, in its sole discretion, designate one developer as “redeveloper” for the Project.

By submitting a response to this RFQ, the developer acknowledges and consents to the following conditions:

• This document is an RFQ and does not constitute an RFP. • This RFQ does not commit the Borough to issue an RFP. • All costs incurred by the developer in connection with responding to this RFQ shall be borne solely by the developer. • The Borough reserves the right, in its sole judgment, to reject for any reason, any and all responses and components thereof and to eliminate any and all developers responding to this RFQ from further consideration for this procurement. • The Borough reserves the right, in its sole judgment, to reject any developer whose submission is deemed to be non-responsive. • The Borough reserves the right, without prior notice, to supplement, amend, or otherwise modify this RFQ, or otherwise request additional information. • All submissions shall become the property of the Borough and will not be returned.

2 • All submissions will be made available to the public at an appropriate time, as determined by the Borough, in the exercise of its sole discretion, in accordance with applicable law. • The Borough may request developers to send representatives to the Borough for interviews. • Any and all submissions not received by the Borough by 4:00 p.m. prevailing time on Friday, February 3, 2012 will be rejected. • Neither the Borough, its consultants or advisors, nor their respective staffs, shall be liable for any claims or damages resulting from the solicitation or preparation of submissions, nor will there be any reimbursement to developers for any costs incurred in participating in this RFQ process.

The Borough reserves, holds and may exercise, in its sole discretion, the following rights and options with regard to this RFQ and the review of responses thereto in accordance with the provisions of applicable law:

• To determine that any submission received complies or fails to comply with the terms of this RFQ. • To supplement, amend or otherwise modify the RFQ through issuance of addenda to be posted on the Borough of Madison website, it being the sole obligation of the developer to monitor the website for such changes. • To waive any technical non-conformance. • To change or alter the schedule for any activities or events in the RFQ process upon the issuance of notice on the Borough of Madison’s website, it being the sole obligation of the developer to monitor the website for any such changes. • To suspend or terminate the process described in this RFQ at any time in the Borough’s sole discretion. If terminated, the Borough may determine to commence a new process or exercise any other rights under applicable law without any obligation to any developer. • To modify the Plan, including modifications permitting increased densities and/or modifications to parking, bulk and/or dimensional requirements. • To negotiate the terms of a redeveloper agreement with any redeveloper candidate, or any designated redeveloper.

The Borough shall be under no obligation to complete all or any portion of the process described in this RFQ.

Elizabeth Osborne, Clerk Borough of Madison

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