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10. Communi . Participation. <br />A. In keeping with the City of San Leandro public process, the Developer will hold <br />at least four public meetings that will afford community groups, labor organizations and <br />other stakeholders an opportunity to discuss issues related to the development of the <br />Project. The public meetings will include community or town hall meetings. Work <br />sessions at the Agency governing board and/or Planning Commission will provide <br />additional opportunities for public participation. <br />B. 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 Property 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(s) for the development of the Property, Developer <br />shall provide Agency with a pro forma for the Project that confirms the financial feasibility of <br />Developer's proposed development of the Property, and shall provide evidence satisfactory to <br />Agency that Developer has secured commitments, subject only to commercially reasonable <br />conditions, for all financing necessary for the successful completion of the Project. Agency staff <br />shall not be obligated to seek governing board approval unless and until the documents required <br />by this Section have been provided. <br />13. Fiscal Neutrality. Developer shall cooperate with the Agency to ensure that <br />development of the Project will be fiscally neutral with respect to the City's General Fund. Any <br />City or Agency funding mechanism shall (a) result in no negative impact to the City's General <br />Fund, taking into consideration the reasonably anticipated General Fund revenues that the <br />Project may generate, and (b) avoid negative effects to the existing or future operations of the <br />City. Any model analyzing proposed Project funding or financial assistance shall provide for <br />preservation of current and future General Fund fiscal neutrality, and shall include funding for <br />normal and customary municipal services required in connection with the Project including <br />without 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 Agency to provide any form of funding or <br />financial assistance for the acquisition of the Property or the development or operation of the <br />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 />development of the Project, Developer's architect for the Project shall be skilled and experienced <br />in commercial, residential, and public space design, including experience designing L.E.E.D <br />certified buildings. Agency's approval of a change in architecture firms will be required. <br />12845A6-2 7 <br />OHS West260718899.2 <br />19268-3 C14 <br />