Attachment 6 Schedule of Performance INTRODUCTION

Transcription

1 Attachment 6 Schedule of Performance INTRODUCTION Several principles apply to an effective understanding of this Schedule of Performance: (i) all terms used herein have the same meanings as provided in the Agreement (or LDDA ) to which this Schedule of Performance is attached; (ii) parenthetical numbers are references to sections of the Agreement; (iii) unless expressly limited in the Agreement, all s provided for in this Schedule of Performance may be extended by applicable Force Majeure provisions; and (iv) in the event of an inconsistency between this Schedule of Performance and the Agreement, the Agreement shall prevail. Except as otherwise provided in the Agreement, the may be extended by mutual agreement of the Parties from time to time and documented in writing, so long as such extension does not exceed the Outside Closing Date as defined in the Agreement. Except as otherwise provided in the Agreement, the Administrator shall be authorized to grant extensions under this Schedule of Performance on behalf of the so long as such extension does not exceed the Outside Closing Date as defined in the Agreement. 1 Memorandum of LDDA recorded ( 1.5) 2 Environmental Assessment Reports and closure reports related to the Lease or Concurrent with Effective Date of LDDA. Concurrent with Effective Date of LDDA 3 $10,000 payment on Security Deposit Execution of LDDA 4 Determination of carve-outs and access requirements from Lease square footage for purposes of Base Rent and Within 30 days of Effective Date of LDDA 5 OMSS Schedule Execution of LDDA 6 Review plan for grading Lease and Within 120 days of Effective Date of LDDA

2 7 s Pre-Close of Escrow Environmental Inspection Schedule 8 s written notice of its intent to perform Pre-Close of Escrow Environmental Inspection along with a work plan that includes the planned scope and schedule for inspection and Within 30 days following and s review of the OMSS Public Improvements Schedule No less than 120 days prior to the date identified for grading or fill of Lease 9 Approval of s Pre-Close of Escrow Environmental Inspection Work Plan 10 obtains required consent of the Work Plan from DTSC and/or RWQCB, as appropriate, Within 5 days of s receipt of comments from the Port on the Work Plan Prior to execution of Right of Entry Agreement 11 and execute Right of Entry Agreement 12 completes Pre-Close Environmental Inspection and Prior to entry on Lease Within 30 days of s approval of s Inspection Notice 13 Exchange sampling data and confer and Within 15 days following receipt of sampling results from the inspection 14 Pro-rated balance of Security Deposit for acreage scheduled for delivery Within 30 days of s receipt of Six Month Notice of 15 65% Construction Within 90 days receipt of Six Month Notice of

3 for CC2 and CC3 16 Preliminary development budget and funding schedule of 65% Construction 17 Open Escrow and Within 30 days from receipt of the 90 Day Notice of % Construction Within 120 days receipt of 90 Day Notice of for CC2 and CC3 19 Construction approved Within 30 days of s receipt of Construction 20 All documents related to 's corporate, LLC, or partnership status, and the status of any parent, affiliates or subsidiary corporations or other entities (if such subsidiaries or affiliates will be participating in the Project) and its members or partners, including but not limited to articles of incorporation, by-laws, partnership agreements, operating agreements, joint venture agreements, lists of members of board of directors, and proof of good legal standing, or other commercially reasonable documentation that demonstrates 's legal status. of 100% Construction

4 21 Evidence of financing, including balance sheets and income/loss statements, prepared in accordance with generally accepted accounting principles and covering the last two years of, 's members or partners, and any other entity participating in the legal entity established by for purposes of developing the Project; or other commercially reasonable financial documentation that is satisfactory to such as letters of intent and other commitments from lenders and equity partners of 100% Construction 22 Evidence of financing approved Within 15 days of s receipt of evidence of financing 23 Public Improvements 24 Construction permits and governmental regulatory approvals required for construction and development As set forth in the OMSS Schedule Prior to Close of Escrow 25 completes (or waives in writing) all Conditions Precedent to Ground Lease and submits required information and documents to Escrow Prior to obligation to enter Ground Lease; but in no event later than the Outside Closing Date as defined in completes (or waives in writing, excepting non-waiveable conditions) all Conditions Precedent to Ground Lease and submits required information and Prior to obligation to enter Ground Lease; but no later than the Outside Closing Date as

5 documents to Escrow defined in Guarantor Request At least 60 days prior to Closing Date 28 Approval of Guarantor Within 15 days of s receipt of Guarantor Request 29 Lease closing and After all conditions precedent have been satisfied or waived by the Parties; but in no event later than the Outside Closing Date as defined in payment of West Oakland Community Fund share At Lease Closing 31 payment of fair share of Environmental Document Preparation Costs At Lease Closing 32 Security deposit for Ground Lease At Lease Closing 33 Start construction Within 60 days of Lease Closing 34 Complete construction Within two (2) years of Close of Escrow on the Ground Lease