This is one I really don't understand from Boyer's tenure with DIA. Did they not know about that first right when the issued the RFP? If not then that's REALLY bad on someone. If so then why issue the RFP?
The DIA/Lori Boyer did know.
It's why the RFP specifically gave developers the option of proposing development on either one, two, or three of the parcels included in the RFP (the Courthouse site owned by the city, the Annex site that Hyatt has claim to, and the now-submerged portion of the property).
From the way that the DIA describes it, there were over 130 interested parties that responded to the initial RFI.
When the formal RFP/Notice of Disposition went out - which did disclose the Hyatt's right of first refusal - the pool shrunk down to only the two developers who submitted responses.
Everyone else was scared off (if you take the DIA at face value here).
At some point after the RFP was released, Lori Boyer went to Texas to try to convince the Hyatt's owners to release their right of first refusal, but they refused.