HomeMy WebLinkAboutReso - CC - 024-2016RESOLUTION NO. 24-2016
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN
EXCLUSIVE NEGOTIATING AGREEMENT WITH PACIFIC WEST
COMMUNITIES, INC. FOR BURLINGAME CITY PARKING
LOTS F AND N
WHEREAS, the City of Burlingame issued a request for proposals in
December 2014 seeking qualified developers interested in creating affordable
housing and enhanced parking facilities on Burlingame City Parking Lots F and
N; and
WHEREAS, the Council conducted extensive review of the responsive
proposals and in June, 2015, selected Pacific West Communities, Inc., as its
preferred developer for the potential project; and
WHEREAS, entering into an exclusive negotiating agreement serves to
protect both the City and the developer during the initial project negotiation
period; and
WHEREAS, the developer has agreed to the terms contained in the
attached draft exclusive negotiating agreement; and
WHEREAS, the Council finds that the attached negotiating agreement is
in the best interests of the City of Burlingame and does not commit the City to
approve any development on the sites in question, but rather provides a
framework for negotiations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BURLINGAME DOES HEREBY RESOLVE, DETERMINE, AND FIND AS
FOLLOWS:
1. The City Council authorizes the City Manager to execute an exclusive
negotiating agreement in the form attached with Pacific West Communities, Inc.,
for the potential transfer and development of Lots F and N
2. The City Council further authorizes City staff to negotiate a potential
agreement providing for site transfer and/or control to Pacific West Communities,
Inc., to be brought back to the Council for review.
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Ann Keighran,
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame do
hereby certify that the foregoing Resolution was introduced at a regular meeting
of the City Council on the 4th day of April, 2016, and was adopted thereafter by
the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSEP
BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
NONE
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Exclusive Negotiating Agreement:
AGREEMENT TO NEGOTIATE EXCLUSIVELY
THIS AGREEMENT TO NEGOTIATE EXCLUSIVELY ("Agreement") dated
for reference purposes as of , 2016 ("Date of Agreement"), is entered
into by and between the CITY OF BURLINGAME, a California municipal corporation
("City"), and PACIFIC WEST COMMUNITES, INC., an Idaho corporation which will
do business in California as Idaho Pacific West Communities, Inc. ("Developer").
RECITALS.•
A. In December 2014, City issued a Request for Proposals ("RFP") seeking
qualified developers interested in developing the City -owned surface parking lots located
south of Howard Avenue between Park Road and Highland Avenue, known as Lots F &
N, as depicted in Exhibit A attached hereto ("Site") with affordable housing and
underground and/or structured parking.
B. Eight prospective developers submitted development proposals in
response to City's RFP. City invited three of the eight developers to present their
development plans to the City Council and community on March 26, 2015. At the
conclusion of the March 26th meeting, City Council provided feedback to the three
development teams and the three teams subsequently presented revised concepts to the
City Council at a public meeting on June 9, 2015. At the June 9h meeting, City invited
two of the three participants, including Developer, to present further refined proposals to
the City Council.
C. On or about July 6, 2015, City Council considered the proposals submitted
by the two prospective developers and selected Developer as the developer with whom
City desires to exclusively negotiate regarding the potential development of the Site as an
affordable housing project, including underground and/or structured parking, consistent
with the requirements of the Burlingame Downtown Specific Plan ("Specific Plan").
D. City and Developer now desire to enter into this Agreement in order to set
forth the terms under which City and Developer will exclusively negotiate the terms and
conditions of a proposed Disposition and Development Agreement ("DDA") providing
for conveyance via fee sale or ground lease and development of the Site.
NOW THEREFORE, City and Developer hereby agree as follows:
AGREEMENTS:
Negotiations.
1.1 Good Faith Negotiations. City and Developer, acknowledging that time is
of the essence, agree for the Negotiation Period set forth below to negotiate diligently and
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in good faith to prepare a DDA (defined in Recital D, above) to be considered for
approval by City and Developer, in the manner set forth herein, with respect to the
conveyance via fee sale or ground lease and development of the Site (defined in
Recital A, above). City agrees, for the period set forth below, not to negotiate with any
other person or entity regarding the sale or development of the Site or any portion
thereof. A DDA resulting from the negotiations hereunder shall become effective only if
and after a DDA has been considered and approved by the Developer and the City
Council at a public hearing called for such purpose. If a DDA is executed by City and
Developer, the DDA shall thereafter govern the rights and obligations of the parties with
respect to the development of the Site.
1.2 Duration of this Agreement. This Agreement shall become effective upon
execution by the parties and shall remain in effect until June 15, 2016 ("Negotiation
Period"). Upon expiration of the Negotiation Period, this Agreement shall automatically
terminate, unless the Negotiation Period has been mutually extended by City and
Developer as provided below. The City Manager may approve an extension of the
Negotiation Period for up to an additional ninety (90) days, if he (she) determines in his
(her) sole discretion that Developer has made substantial progress towards meeting the
performance milestones identified in the Schedule of Performance attached hereto as
Exhibit B ("Schedule of Performance"). Any further extension of the Negotiation
Period shall require the approval of the City Council, which may be granted or denied in
its sole discretion.
1.3 Deposit. Within five (5) days following execution of this Agreement by
City, Developer shall submit to City a good faith cash deposit in the amount of EIGHTY
THOUSAND DOLLARS ($80,000) ("Deposit"). City shall deposit such funds in an
interest-bearing account and such interest, when received by City, shall become part of
the Deposit.
City is authorized to use the Deposit to pay its actual, reasonable out-of-pocket
expenses incurred in carrying out its obligations under this Agreement, including the
costs of City's economic/financial consultant and special legal counsel fees and costs
incurred by City in connection with the negotiation, drafting and consideration of the
proposed DDA for approval (collectively, "City Expenses"), but specifically excluding
the cost of City staff time, including City Attorney work, which shall be borne by City.
The following expenses are anticipated to be incurred by City in carrying out its
obligations under this Agreement: (1) up to $30,000 for pro forma review, analysis and
the preparation of a Government Code section 53083 economic development subsidy
report by Keyser Marston & Associates and (2) up to $50,000 for special counsel legal
services to be performed by Burke Williams & Sorensen LLP in connection with the
negotiation and drafting of the proposed DDA and affordable housing agreement
("Anticipated City Expenses"). In the event City determines that, in order to carry out
its obligations under this Agreement, the City Expenses will exceed the Anticipated City
Expense, such excess City Expenses shall be paid by City. City shall transmit to
Developer, not more frequently than monthly, a copy of each invoice, bill or other
evidence that City has incurred City Expenses. City's legal and advisory services
invoices shall be redacted as necessary to preserve attorney-client privilege.
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If, notwithstanding City's and Developer's mutual diligent, good faith
negotiations, the parties have not entered into a DDA on or before expiration of the
Negotiation Period or any extension thereof, City shall return to Developer the
unexpended portion of the Deposit, if any.
2. Development Concept. The negotiations hereunder shall be based on the
Developer's proposed development concept that includes the concurrent development of:
a multi -family affordable housing rental project of approximately 144 units, including
approximately 78 workforce housing units (62 of which shall be affordable to households
up to 60% of area median income ("AMI")) and 66 senior age restricted units (53 of
which shall be affordable to households up to 60% of AMI); a pocket park on the
panhandle portion of Lot F; below -grade parking with approximately 170 spaces for the
multi -family residential component; and an additional approximately 371 below -grade
and/or structured parking spaces to replace, at a greater than 1 -to -1 ratio, the existing
surface parking spaces located on the Site, together with appurtenant on-site and off-site
improvements, including hardscape and landscaping, all to be developed in a manner
consistent with the Specific Plan (collectively, the "Project").
3. Developer's Responsibilities.
3.1 Full Disclosure. Developer is required to make full disclosure to City of
its principals; officers; major stockholders, partners or members; joint venturers; and its
directly involved negotiators, development managers, consultants and managerial
employees (collectively, "Developer Parties"), and all other material information
concerning Developer. Any change in the identity of the Developer Parties shall be
subject to the approval of the City Manager, not to be unreasonably withheld. Developer
shall make and maintain full disclosure to City of its proposed methods of financing to be
used in the acquisition of the Site and development of the Project. Final approval of
financing will be addressed in the DDA.
3.2 Schedule of Performance: Progress Reports. Developer shall commence
and complete performance of the work described in the Schedule of Performance within
the times set forth therein. Developer shall keep City apprised as to the status of all work
to be undertaken by or on behalf of Developer as described in the Schedule of
Performance. Within ten (10) days following City's request, which may be made from
time to time during the Negotiation Period, Developer shall submit to City a written
progress report advising City on the status of all work being undertaken by or on behalf
of Developer.
4. City's Responsibilities. City shall cooperate with Developer by providing
information regarding the development potential of the Site.
5. Access to Site. City and Developer shall cooperate to enable representatives of
Developer to obtain the right of access to all portions of the Site for the purpose of
obtaining data and making surveys and tests necessary to evaluate the development
potential of the Site, including the investigation of the soils and environmental condition
of the Site. All costs of investigating the physical and environmental condition of the
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Site, including a Phase 1, Phase 2, geotechnical and soils investigations, if any, shall be
paid by Developer at its expense and shall not be considered part of City Expenses.
Developer agrees to notify City in writing at least two (2) business days prior to
undertaking any studies or work upon the Site. City may require Developer to execute
one or more right of entry agreements satisfactory to City's legal counsel prior to
commencing such studies or work. Any preliminary work by Developer shall be
undertaken only after securing (1) such insurance as may be reasonably required by City
to protect City and Developer from damages and losses that may arise from such
investigative work, and (2) any and all necessary permits from the appropriate
governmental agencies. Such work shall be done without unduly disturbing existing
occupants of the Site, if any. In the event that Developer causes any damage to any
portion of the Site or any adjacent properties or the existing improvements thereon,
Developer, at its expense, shall promptly restore the Site, adjacent properties and existing
improvements thereon as nearly as possible to the physical condition existing
immediately prior to Developer's entry onto the Site. Developer's obligations under this
Section 5 shall survive the expiration or termination of this Agreement.
6. Defaults and Remedies.
6.1 Default. Failure by either parry to negotiate in good faith as provided in
this Agreement shall constitute an event of default hereunder. Except as otherwise set
forth in Section 7 below with respect to City's immediate right to terminate, the non -
defaulting party shall give written notice of default to the defaulting party, specifying the
nature of the default and the required action to cure the default. If such default remains
uncured ten (10) days after receipt by the defaulting party of such notice, the non -
defaulting party may exercise the remedies set forth in Section 6.2 or 6.3 below, as
applicable.
6.2 Exclusive Remedies for City Default. In the event of an uncured default
by City, Developer's sole and exclusive remedy shall be to terminate this Agreement,
upon which termination Developer shall be entitled to return of the remaining
unexpended and uncommitted balance of the Deposit, if any.
6.3 Exclusive Remedies for Developer Default. In the event of an uncured
default by Developer, City's sole and exclusive remedies shall be: (1) to seek specific
performance or other equitable relief and/or to recover actual damages if the default is a
result of Developer's failure to meet its indemnity obligations set forth herein, or (2) for
any other Developer default, to terminate this Agreement and retain that portion of the
Deposit needed to pay City Costs incurred prior to the date of such termination.
6.4 Limitation on Damages. Except as otherwise provided in Section 6.3
above, neither party shall have any liability to the other for actual damages for any
default. Each party specifically waives and releases any rights or claims it may otherwise
have at law or in equity to recover consequential, special or punitive damages from the
defaulting party.
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7. Lobbying and CampaifZn Contribution Prohibition. Developer agrees and
acknowledges that the DDA negotiations shall take place with the City Manager, the
City's legal, financial and planning advisers and such other City parties as may be
designated by the City Manager from time to time (collectively, the "City -Designated
Team"). Developer shall not engage in discussions, negotiations or lobbying of any City
Council or Planning Commission members or other City employees or officials as may
be designated by the City Manager from time to time (collectively, "Excluded City
Parties"), unless requested to do so by the City -Designated Team for specific purposes
related to the negotiations. Further, Developer shall not make any contributions to the
political campaigns of any City Council or Planning Commission members. Nothing in
this Section 7 shall prevent: (1) responses to requests for information from one or more
Excluded City Parties, provided such responses are directed to the City -Designated
Team; (2) Developer's participation in any question -and -answer sessions, workshops, or
tours approved in writing by the City -Designated Team; or (3) Developer's participation
in public events or community fora at which one or more Excluded City Parties are
present, provided Developer does not engage in communications with such Excluded
City Parties at such events that are intended to influence the DDA negotiations. In the
event of Developer's violation of its obligations under this Section 7, City may
immediately terminate this Agreement by written notice to Developer without affording
Developer any opportunity to cure such violation.
8. Rights Following Expiration or Termination. Following expiration or termination
of this Agreement, neither parry shall have any further rights against or liability to the
other under this Agreement except as otherwise provided herein. Following expiration or
termination of this Agreement, unless a DDA is signed by Developer, approved by the
City Council, and executed by City, City shall have the absolute right to pursue
disposition and development of the Site in any manner and with any party or parties it
deems appropriate.
9. Confidentiality of Information. Any information provided by Developer to City,
including pro formas and other financial projections (whether in written, graphic,
electronic or any other form) that is clearly marked as "CONFIDENTIAL /
PROPRIETARY INFORMATION" ("Confidential Information") shall be subject to
the provisions of this Section 9. Subject to the terms of this Section, City shall use good
faith diligent efforts to prevent disclosure of the Confidential Information to any third
parties, except as may be required by the California Public Records Act (Government
Code Section 6253 et seq.) or other applicable local, state or federal disclosure law
(collectively, "Public Disclosure Laws"). Notwithstanding the preceding sentence, City
may disclose Confidential Information to its officials, employees, agents, attorneys and
advisors, but only to the extent necessary to carry out the purpose for which the
Confidential Information was disclosed. Developer acknowledges that City has not made
any representations or warranties that any Confidential Information City receives from
Developer will be exempt from disclosure under any Public Disclosure Laws. In the
event the City's legal counsel determines that the release of the Confidential Information
is required by Public Disclosure Laws, or order of a court of competent jurisdiction, City
shall notify Developer of City's intention to release the Confidential Information. If the
City Attorney, in his or her discretion, determines that only a portion of the requested
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Confidential Information is exempt from disclosure under the Public Disclosure Laws,
City may redact, delete or otherwise segregate the Confidential Information that will not
be released from the non-exempt portion to be released.
Developer acknowledges that in connection with City Council's consideration of
any DDA as contemplated by this Agreement, City will need to present a summary of
Developer's financial projections, including anticipated costs of development, anticipated
Project revenues, and returns on cost and investment. If this Agreement is terminated
without the execution of a DDA, City shall return to Developer any Confidential
Information.
If any litigation is filed seeking to make public any Confidential Information, City
and Developer shall cooperate in defending the litigation, and Developer shall pay City's
reasonable costs of defending such litigation and shall indemnify City against all costs
and attorneys' fees awarded to the plaintiff in any such litigation. Alternatively,
Developer may elect to disclose the Confidential Information rather than defend the
litigation. Developer's indemnity obligations under this Section 9 shall survive the
expiration or termination of this Agreement.
The restrictions set forth herein shall not apply to Confidential Information to the
extent such Confidential Information: (1) is now, or hereafter becomes, through no act or
failure to act on the part of City, generally known or available; (2) is known by the City
at the time of receiving such information as evidenced by City's public records; (3) is
hereafter furnished to City by a third party, as a matter of right and without restriction on
disclosure; (4) is independently developed by City without any breach of this Agreement
and without any use of or access to Developer's Confidential Information as evidenced
by City's records; (5) is not clearly marked "CONFIDENTIAL/PROPRIETARY
INFORMATION" as provided above (except where Developer notifies City in writing,
prior to any disclosure of the Confidential Information, that omission of the
"CONFIDENTIAL/PROPRIETARY INFORMATION" mark was inadvertent), or (6) is
the subject of a written permission to disclose provided by Developer to City.
10. Real Estate Commissions. City shall not be liable for any real estate commission
or brokerage fees which may arise from the purchase and sale or other acquisition of the
Site or any portion thereof or interest therein. Developer represents and warrants to City
that it has not engaged any broker, agent or finder in connection with the acquisition or
development of the Site, and Developer agrees to indemnify, defend and hold City
harmless from any claim by any broker, agent or finder retained by, or alleged to have
been retained by, Developer. Developer's indemnity obligations under this Section 10
shall survive the expiration or termination of this Agreement.
11. Notices. Any approval, disapproval, demand or other notice which either party
may desire to give to the other party under this Agreement must be in writing and may be
given by any commercially acceptable means, including first class mail, personal
delivery, or overnight courier, to the party to whom the notice is directed at the address of
the party as set forth below, or at any other address as that party may later designate by
notice.
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To City: City of Burlingame
501 Primrose Road
Burlingame, CA 94010-3997
Attention: City Manager
Telephone (650) 558-7200
with a copy to: City of Burlingame
501 Primrose Road
Burlingame, CA 94010-3997
Attention: City Attorney
Telephone (650) 558-7200
To Developer: The Pacific Companies
430 E. State Street, Suite 100
Eagle, ID 83616
Attention: Caleb Roope
Telephone (208) 461-0022
with a copy to: Clayton W. McReynolds
430 E. State Street, Suite 100
Eagle, ID 83616
Attention: Clanton W. McReynolds
Telephone 208.908.4861
Any notice shall be deemed received on the date of delivery if delivered by
personal service, three (3) business days after mailing if sent by first class mail, and on
the date of delivery or refused delivery as shown by the records of the overnight courier if
sent via overnight courier.
12. Limitations of this Agreement. This Agreement (and any extension of the
Negotiating Period) shall not obligate either City or Developer to enter into a DDA on or
containing any particular terms. By execution of this Agreement (and any extension of
the Negotiating Period), City is not committing itself to, or agreeing to, undertake
disposition of the Site or any portion thereof and Developer is not committing itself to
acquire the Site or any portion thereof. Execution of this Agreement by City and
Developer is merely an agreement to conduct a period of exclusive negotiations in
accordance with the terms hereof, reserving for subsequent City action the final
discretion and approval regarding the execution of a DDA and all proceedings and
decisions in connection therewith. Any DDA resulting from negotiations pursuant to this
Agreement shall become effective only if and after such DDA has been considered and
approved by the City Council, following conduct of all legally required procedures, and
executed by duly authorized representatives of City and Developer. Until and unless a
DDA is signed by Developer, approved by the City Council, and executed by City, no
agreement drafts, actions, deliverables or communications arising from the performance
of this Agreement shall impose any legally binding obligation on either party to enter into
or support entering into a DDA or be used as evidence of any oral or implied agreement
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by either party to enter into any other legally binding agreement. This Agreement, which
pertains only to negotiating procedures and standards between City and Developer, does
not limit in any way the discretion of City in acting on any applications for permits or
approvals for the proposed Project. The Parties acknowledge that California
Environmental Quality Act ("CEQA") compliance will be required in connection with
consideration of such permits and approvals, and that City shall retain the discretion in
accordance with CEQA and other applicable law before action on any such permits or
approvals to (1) identify and impose mitigation measures to mitigate significant
environmental impacts, (2) select other feasible alternatives to avoid significant
environmental impacts, (3) balance the benefits of the proposed Project against any
significant environmental impacts prior to taking final action if such significant impacts
cannot otherwise be avoided, or (4) determine not to proceed with the Project.
13. Plans, Drawings and Reports. Once submitted, all development Project design
concepts and plans that Developer owns or has the right to transfer shall become the
property of the City. The City, without compensation to Developer or any third party,
may use such development Project design concepts and plans, together with any and all
ideas and materials submitted in connection with the negotiations hereunder, whether or
not City and Developer enter into a DDA; provided, however, to the extent such concepts
and plans are used without Developer's permission or agreement, Developer disclaims
any representations or warranties regarding such concepts and plans, including whether
or not they are sufficient for any particular purpose.
14. Inte rag tion. This Agreement contains the entire understanding between the
parties relating to the matters set forth herein. All prior or contemporaneous agreements,
understandings, representations and statements, oral or written, are merged in this
Agreement and shall be of no further force or effect.
15. Modifications. Any alteration, change or modification of or to this Agreement, in
order to become effective, shall be made in writing and in each instance signed on behalf
of each party.
16. Severability. If any term, provision, condition or covenant of this Agreement or
its application to any party or circumstances shall be held, to any extent, invalid or
unenforceable, the remainder of this Agreement, or the application of the term, provision,
condition or covenant to persons or circumstances other than those as to whom or which
it is held invalid or unenforceable, shall not be affected, and shall be valid and
enforceable to the fullest extent permitted by law.
17. Applicable Law; Venue. This Agreement shall be construed in accordance with
the law of the State of California without reference to choice of laws principles, and
venue for any action under this Agreement shall be in San Mateo County, California.
18. No Assig mlent. The qualifications and identity of Developer and the Developer
Parties are of particular concern to City. It is because of those unique qualifications and
identity that City has entered into this Agreement with Developer. Accordingly, except
as provided below, Developer may not assign its right to negotiate with City to any other
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person or entity. Any purported voluntary or involuntary assignment of Developer's
negotiation rights shall be null and void. Notwithstanding the foregoing, City
acknowledges that Developer intends to form one or more single purpose limited liability
companies or limited partnerships, all owned and controlled by Developer (the "SPV")
for the exclusive purpose of owning and developing the Site. City further acknowledges
and agrees that if a DDA is approved by City, the SPV may enter into such DDA and
purchase the Site without any assignment of this Agreement by Developer to the SPV;
provided, however, that the foregoing shall not in any way limit Developer's obligations
hereunder or under the DDA (if any).
19. Waiver of Lis Pendens. It is expressly understood and agreed by the parties that
no lis pendens shall be filed against any portion of the Site with respect to this Agreement
or any dispute or act arising from this Agreement.
20. Counterparts. This Agreement may be signed in multiple counterparts which,
when signed by both parties, shall constitute a binding agreement.
21. Interpretation. As used in this Agreement, masculine, feminine or neuter gender
and the singular or plural number shall each be deemed to include the others where and
when the context so dictates. The word "including" shall be construed as if followed by
the words "without limitation." This Agreement shall be interpreted as though prepared
jointly by both parties. Titles and captions are for convenience of reference only and do
not define, describe or limit the scope or the intent of this Agreement or any of its terms.
22. Joint and Several. If Developer consists of more than one entity or person, the
obligations of Developer hereunder shall be joint and several.
23. Authori . If Developer is a corporation, limited liability company, partnership,
trust, association or other entity, Developer and each person executing this Agreement on
behalf of Developer does hereby covenant and warrant that (1) Developer is duly
incorporated or otherwise established or formed and validly existing under the laws of its
state of incorporation, establishment or formation; (2) Developer has and is duly qualified
to do business in California; (3) Developer has full corporate, partnership, trust,
association or other power and authority to enter into this Agreement and to perform all
of Developer's obligations hereunder; and (4) each person (and all of the persons if more
than one signs) signing this Agreement on behalf of Developer is duly and validly
authorized to do so.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date set opposite their signatures. The Date of Agreement shall be the date this
Agreement is signed by City.
CITY:
CITY OF BURLINGAME, a California
municipal corporation
M.
Lisa K. Goldman, City Manager
Date: .2016
APPROVED AS TO FORM:
Kathleen A. Kane, City
Attorney
ATTEST:
0
Meaghan Hassel -Shearer, City
Clerk
DEVELOPER:
PACIFIC WEST COMMUNITIES, INC.,
an Idaho corporation
By:
Name:
Title:
Date:
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Caleb Roope
President / CEO
2016
EXHIBIT A
DIAGRAM OF SITE
[to be inserted]
OAK #4817-9347-6399 vl Exhibit A
19l:ii� IAC
SCHEDULE OF PERFORMANCE
1.
By April 15, 2016
Developer to initiate due diligence including environmental
investigation of the Site.
2.
By May 1, 2016
Developer to prepare and submit to City a progress report
including updated proforma identifying all hard costs, soft
costs, financing costs and contingencies for the proposed
Project.
3.
By May 15, 2016
Developer to provide City with copies of all due diligence
materials, including any Phase 1 or Phase 2 reports
available at that time.
4.
By May 15, 2016
Developer to reach conceptual agreement with City on key
business terms of proposed DDA.
5.
By June 1, 2016
Developer to prepare and submit to City conceptual
drawings for the Project, which must include, at minimum,
a final dimensioned and detailed Site plan, parking and
circulation plan, elevations of all four sides of the proposed
Project, elevations of major public spaces and tabulation of
areas/uses.
6.
By June 1, 2016
Developer to execute DDA for the Project in form
acceptable to City staff and City legal counsel and submit
said DDA to the City Council for consideration and
approval.
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