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LIVEW( RE LEASING PRACTICES Failure to Comply-Applicants' failure to comply with specified response time periods, or any provision of the Development Agreement, may result in the termination of the Development Agreement. All negotiations may cease,and the earnest money and/or security deposit may be forfeited to the City. 2.5. Demonstrating Immediate Need An entity seeking to lease Airport land and/or Improvements must demonstrate the entire land area(s)and/or the entire Improvement(s) seeking to be leased will be Immediately utilized. At the City's sole option, a phased development of Airport land may be considered which should include specific development milestones within the Agreement. 2.6. Public Disclosure Applicants and RFI/RFQ/RFP respondents should be aware that the City is subject to the California Public Records Act (Gov. Code section 7920.000 et. seq.), which may give the public the right to examine documents in possession of a California Agency unless an applicable legal exemption applies. If an Applicant or respondent clearly identifies any proprietary and/or Confidential Information submitted to the City and the City receives a request from the public for release of such information, the City shall comply with State law regarding notification to Applicant. Applicant or respondent understands that City may be required to disclose Confidential Information pursuant to judicial action,governmental regulations or investigation,or other requirements. 2.7. Reversion of Improvements Unless otherwise stated in an Agreement,upon expiration or earlier termination of the Agreement,at City's option,the ownership of all Improvements made to the leasehold shall revert(transfer)and become the sole property of the City. If the City elects not to claim the Improvements, the Lessee shall remove and/or demolish any and/or all Improvements (as designated by the City) and return the Leased Premises to its original condition and character,ordinary and reasonable wear and tear excepted. 2.8. Term of Agreement The term of an Agreement shall be commensurate with the dollar amount of Capital Investment made by the Lessee in the Leasehold Premises and/or Airport infrastructure, consistent with the capital investment formula as adopted by the City from time to time. In any event, the maximum term of an Agreement, including option periods, may not exceed forty (40)years. When no Capital Investment is made,the term of the Agreement shall be at the discretion of the City but may not be greater than 20%of the term of the previous Agreement(if an existing Lessee)or 5 years,whichever is less. 2.9. Possible Grounds for Rejecting an Application or Proposal In this section,the term"activity"is inclusive of all Commercial Aeronautical Activities,Non-Commercial Aeronautical Activities,and non-aeronautical activities. The City at its sole discretion may reject any proposal or application in conformance with Legal Requirements including,but not limited to,any one or more of the following reasons(as determined in the sole discretion of the City): The entity, for any reason,does not fully meet the qualifications, standards, and requirements established by the City. The burden of proof shall be on the entity and the standard of proof shall be by clear and convincing evidence. Leasing and Development Policy 11 City of Livermore, Livermore Municipal Airport