EXHIBIT E
Performance Milestones
All terms not defined herein shall have the meaning ascribed to them in Agreement to which this Exhibit E is attached and a part thereof.
Performance
Milestone Description of Performance Milestone
Performance Due
Date
(assuming execution of the
ENA Amendment on May 31,
2023)
Updated
Predevelopment
Funding, Project
Financing Plan
and Project
Schedule
Developer plans no changes in its previously submitted program which reflects any significant material changes. However, if there are changes to submitted program and budget, Developer shall provide updated pro-forma, including sources and uses, equity, and financing sources.
Developer shall provide Financial Plan, including net worth of developer entity, which shall be kept confidential to the extent legally permissible.
Developer shall submit an updated project development schedule.
June 7, 2023
Begin
Environmental
Review (CEQA)
CEQA Scope of Work & Project Description.
Developer’s CEQA consultant shall prepare and submit an updated project description, a draft CEQA scope of work and schedule based upon the City’s “Guidelines for environmental Consultant Contracts Concerning Private Development Projects” (dated 1/5/2012, as amended), for review and approval by the Planning and Building Department, which identifies the specific environmental topics and CEQA documents that are required to complete CEQA clearance.
Environmental Review Application
Concurrent with, and as part of the preparation of the scope-of-work and project description required above, Developer or Developer’s consultant shall prepare and submit a Request for Environmental Review to the City’s Planning & Building Department to determine appropriate level of CEQA analysis.
May 15, 2023
Planning
Application
Review
Basic Application for Development Review
Developer shall prepare and submit a complete Basic Application for Development Review and address all issues raised in the City of Oakland Planning & Building Department’s pre-application letter dated February 25, 2022. (Including Attachments, A-E).
The Basic Application for Development Review shall include all required contents and supplemental submittal requirements as described on the application form, including the Conditional Use Permit (CUP) variance findings, developer incentives and community benefits.
July 21, 2023
Complete
Environmental
Review (CEQA)
Developer shall complete the environmental assessment and identification of the nature and extent of required environmental site mitigations, if any, and shall have submitted all required planning documents.
September 21, 2023
Obtain Zoning and
Land Use
Approvals
Developer to complete any required zoning and land use approvals.
Within 1 year of
Developer’s submission of
any applicable zoning and
land use permit
applications to Planning
Community
Outreach Plan
Developer shall conduct at least two (2) community meetings to present the project and solicit feedback from stakeholders, including the Oakland Heritage Alliance. September 29, 2023 Final Project
Financing
Developer shall submit to the City letters of intent from the lenders and equity partners expressing willingness to provide Project financing, including loans, grants, equity contributions and donations. February 29, 2024 Lease Disposition
and Development
Agreement
(LDDA); Ground
Lease
City and Developer shall endeavor to complete the negotiations of terms for an LDDA and Ground Lease for the Project, for presentation to the City Council for consideration. March 15, 2024 Attachment B