Laserfiche WebLink
shall also prepare and present discussions regarding constraints and traffic studies. The <br />Developer shall gather ideas for Site development and shall review master plan concepts <br />with the CAC. <br />B. In keeping with the City of San Leandro public process, the Developer will <br />participate in at least four public meetings that will afford community groups, labor <br />organizations and other stakeholders an opportunity to discuss issues related to the <br />development of the Project. The public meetings will include community or town hall <br />meetings. Work sessions at the City Council and/or Planning Commission will provide <br />additional opportunities for public participation. <br />C. The Developer shall be generally responsive to the community, and shall maintain <br />a local toll-free telephone number and email address to which members of the community <br />may provide comment on the Project and proposed Site development. <br />12. Developer's Pro Formas and Evidence of Financing. During the Term, Developer shall <br />obtain preliminary financing commitments from prospective lenders or financing partners for the <br />Project. Prior to execution of any agreement for the development of the Site, Developer shall <br />provide City with a pro forma for the Project that confirms the financial feasibility of <br />Developer's proposed development of the Site, and shall provide evidence satisfactory to City <br />that Developer has secured commitments, subject only to commercially reasonable conditions, <br />for all financing necessary for the successful completion of the Project. City shall not be <br />obligated to seek City Council approval unless and until the documents required by this Section <br />have been provided. <br />13. Fiscal Neutrality. Developer shall cooperate with the City to ensure that development of <br />the Project will be fiscally neutral with respect to the City's General Fund. Any City funding <br />mechanism shall (a) result in no negative impact to the City's General Fund, taking into <br />consideration the reasonably anticipated General Fund revenues that the Project may generate, <br />and (b) avoid negative effects to the existing or future operations of the City. Any model <br />analyzing proposed Project funding or financial assistance shall provide for preservation of <br />current and future General Fund fiscal neutrality, and shall include funding for normal and <br />customary municipal services required in connection with the Project including without <br />limitation, police and fire services. Nothing in this Agreement is intended to or shall be <br />interpreted as providing a commitment on the part of City to provide any form of funding or <br />financial assistance for the development of the Site or the operation of the Project. <br />14. Relationship of the Parties. The Parties agree that nothing in this Agreement shall be <br />deemed or interpreted to create between them the relationship of lessor and lessee, of buyer and <br />seller, or of partners or joint venturers. <br />15. Developer's Consultants and Professionals. If the Parties reach agreement regarding <br />lease of the Site and development of the Project, Developer's architect will be Withee Malcolm <br />Architects, or another architect with comparable skill and experience in commercial, residential, <br />waterfront and public space design, including experience designing L.E.E.D certified buildings. <br />City's approval of a change in architecture firms will be required. <br />1145383-5 '] <br />