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2. Exclusive Rights. The Redeveloper shall have the exclusive right to work with the City to finalize Development Agreements for the Southeast Redevelopment Project and the Northeast Redevelopment Project for the period commencing on the date of this Agreement and terminating 180 days after the date of this Agreement (the "Predevelopment Period "). During the Predevelopment Period the City shall not provide, or enter into an agreement for the provision of any development rights or any financial assistance to a third party in connection with any proposed development of the Southeast Property, Northeast Property or the U.S. Bank Site. The parties acknowledge that the Vacant Parcel is currently subject to the terms and conditions of a Development Agreement between the City and a third party. The Redeveloper acknowledges that nothing herein is intended to grant Redeveloper any exclusive rights to the Vacant Parcel. 3. Redeveloper Deposit. Upon execution of this Agreement, the Redeveloper shall submit a cash deposit to the City in the amount of $20,000 ($10,000 each for the Southeast Property and the Northeast Property) (the "Deposit "). The Deposit shall be used at the City's discretion to reimburse the City for fees and expenses incurred by the City in connection with the Redevelopment Projects for site assembly, redevelopment financing, environmental assessment, creation of agreements necessary to complete the Redevelopment Projects, and consultants retained by the City. If this Agreement is terminated pursuant to Section 16 without execution of a final Development Agreement, any funds remaining on Deposit shall be forfeited by Redeveloper. If a final Development Agreement is executed, any unused portion of the Deposit shall be applied to any deposit required under the final Development Agreements. 4. Site Assembly. The City hereby covenants that, except for the portion of the Southeast Property commonly known as the Rutzick property and depicted on Exhibit D attached hereto, it holds fee title to all of the real property making up the Southeast Property and the Northeast Property, together with all improvements and structures located thereon and all easements and rights benefiting or appurtenant thereto. The City agrees to use its best efforts to acquire the Rutzick property together with all improvements and structures located thereon and all easements and rights benefiting or appurtenant thereto, by September 1, 2002. The parties acknowledge and agree that the exact dimensions and square footage of the Redevelopment Properties will be determined by a survey. The parties further acknowledge and agree that the Northeast Property may be enlarged to include the Additional Parcels at the mutual agreement of the parties. 5. U.S. Bank Site. Redeveloper agrees to contact U.S. Bank and attempt to incorporate the U S Bank Site into the Northeast Redevelopment Project. The Redeveloper acknowledges that without the U.S. Bank Site, the Redeveloper will be required to construct at least 30,000 square feet of commercial /retail /office space in the Northeast Redevelopment Project. The parties acknowledge that if the Northeast Redevelopment Project includes the U.S. Bank Site, additional construction or other sources of funding will be needed to make the redevelopment economically feasible. 2