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LIVED tU RE LEASING PRACTICES After the stated deadline, the City shall review the submittals for compliance with the RFI/RFQ/RFP specifications and criteria and shall rank the submittals. Submittals received after the stated deadline shall not be considered and shall be returned unopened. > The City may,in its sole discretion, interview respondents. The City has the right, with or without cause, to reject any or all submittals, to advertise for new submittals, and/or to modify any or all RFURFQ/RFP processes. The City will notify respondents of any changes to the process or submittal requirements. The City shall be under no obligation to make an award or to make an award to the respondent specifying the highest level of compensation to the City. Upon completion of an RFI process (if utilized), the City may, or may not, in its sole discretion, invite respondents to respond to an RFQ or RFP. Upon completion of an RFQ process(if utilized),the City may, in its sole discretion,invite the most qualified respondents to respond to an RFP. If only one respondent expresses interest or is considered qualified by the City,the City may, in its sole discretion, negotiate an Agreement with the qualified respondent without issuing an RFQ/RFP. Upon completion of an RFP process(if utilized),the City may select the best respondent in the City's sole discretion. Once selected,the City and the selected respondent shall utilize the Memorandum of Understanding(MOU) and Agreement process outlined in Section 2.4. If the City and the selected respondent are unable to reach agreement on an MOU or Agreement,at the sole discretion of the City,the City may terminate negotiations and negotiate with the next best respondent and so on. Initiative of Others— If, during an Application process occurring outside of an RFI/RFQ/RFP process, another qualified entity expresses interest in leasing and demonstrates an immediate need for the subject land or Improvements (as outlined in Section 2.5), the City may, in its sole discretion, negotiate with the entity(ies) and/or issue an RFQ/RFP in which case, the Competitive Proposal Process described in this Section shall be followed. However, once the MOU(as discussed in Section 2.4) is: (a) executed by the Applicant and City, and(b) the earnest money deposit has been provided to the City, the City is under no obligation to negotiate with any entity other than the Applicant or issue an RFQ/RFP. 2.2. Application for Leasing Land and/or Improvements If desirous of leasing Airport land and/or Improvements on a long-term basis(i.e., greater than one year), entities with or without a current Agreement shall complete all relevant and applicable sections of the Application and submit to the Airport Manager for consideration by the Inter-Departmental Staff Review Team. New Agreements shall be subject to all applicable Legal Requirements; Federal Aviation Administration (FAA) regulations, obligations, and guidance; the Airport's policies, standards, rules, regulations, and directives;the City's zoning,building,fire,and safety codes;Goal,Objectives,and Development Priorities established in Section 1.2, and General Requirements set forth in Section 1.6; and all other Legal Requirements of any Agency having jurisdiction. Leasing and Development Policy(DRAFT FOR DISCUSSION PURPOSES ONLY) 4 City of Livermore,Livermore Municipal Airport(02/22/2023)