21 SUPPLEMENTAL - Laserfiche WebLink

LIVERM@RELEASING PRACTICES is greater—as evidence of the Applicant's good faith to enter into a Development Agreement with the City. The signed MOU, including the Public Engagement Plan(PEP)required in Section 1.7, shall be presented for consideration to the City Council. The City Council may either reject the MOU in accordance with Section 2.9 or authorize the City Manager to negotiate a Development Agreement with the Applicant. ➢ If an MOU is not executed by the City Council and the Applicant within sixty (60) calendar days of reaching agreement on key terms and conditions which includes an earnest money deposit, the City is not obligated to lease Airport land and/or Improvements to the Applicant and the earnest money(if provided)shall be returned to the Applicant,without interest. Once the MOU is executed by the parties and earnest money deposit received, the Applicant shall submit five copies of the Concept Plan(in accordance with Section 5.1)to the City within forty-five(45)calendar days. The City shall review the Concept Plan and address all preliminary questions or concerns with the Applicant. The Applicant may be required to meet with the City to present and discuss the Concept Plan. Upon acceptance of the Concept Plan (as applicable)or upon execution of the MOU, a draft Disposition and Development Agreement (DDA) which includes the terms and conditions of the MOU, shall be prepared by the City for review by the Applicant.The Applicant and City staff may work together to discuss and finalize the terms of the DDA. ➢ If the Applicant does not agree to and execute the DDA within sixty (60) calendar days of receiving the draft Development Agreement,the earnest money deposit may be forfeited by the Applicant to the City. After the City Council approves the MOU, the Applicant shall also begin preparation of a complete Planning Entitlement package.This may include,but is not limited to: A completed Planning General Application for all applicable Planning Entitlements;and ➢ Site plans, building elevations, and floor plans, building colors and materials, civil engineering plans,circulation plans,any special studies or analysis needed for environmental review and related documents and materials as required by the City's Planning Division;and ➢ All applicable fees required for permit processing,environmental,and project review. The Planning Entitlements and a copy of the DDA executed by the Applicant shall be reviewed and approved or denied by the City Council. Once the City Council approves,and the City executes,the DDA, the Applicant shall pay a security deposit in the form of cash or a letter of credit—in the amount equal to twenty-five percent(25%)of the rents,fees, and other charges (total compensation) for the first year of the Development Agreement or two thousand five hundred dollars ($2,500), whichever is greater—to the City. The earnest money may also be applied to the security deposit. ➢ If the Applicant does not pay the security deposit to the City,the Development Agreement shall be voided,and the earnest money shall be forfeited by the Applicant to the City. Following approval of all applicable Planning Entitlements and prior to applying for a building permit,the Applicant shall deliver to the City within one-hundred twenty(120)calendar days: ➢ Complete set(s)of final construction drawings, signed by an architect or engineer certified or licensed in the State; and One complete as-built drawings including plan map set following completion of the project. �_ Leasing and Development Policy 10 City of Livermore,Livermore Municipal Airport