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<br />7. Developer's Studies; Right of Access. During the Tenn, Developer shall prepare, at <br />Developer's expense, any studies, surveys, plans, specifications and reports ("Developer's <br />Studies") Developer deems necessary or desirable in Developer's sole discretion, to detennine <br />the suitability of the Property for the Project. Such studies may include, without limitation, title <br />investigation, relocation analyses, marketing, feasibility, soils, seismic and environmental <br />studies, financial feasibility analyses and design studies. <br /> <br />Subject to the conditions of existing agreements regulating the use of the Agency-owned <br />parcels comprising the Property, Developer shall have the right of reasonable access to the <br />Agency-owned parcels comprising the Property for the purposes of inspection, environmental <br />assessments, soils testing, and similar work. The Agency may impose reasonable limitations on <br />access. Developer shall indemnify and hold the Agency harmless from any injury, property <br />damage, or liability arising out of the exercise by Developer of this right of access. Developer <br />shall be responsible for obtaining any additional rights of access to the Property that are <br />necessary to prepare the Developer's Studies. <br /> <br />Agency is entering into this Agreement without monetary compensation. In lieu of such <br />compensation, within 15 days following the expiration of the Tenn without the Parties having <br />successfully negotiated a DDA and no longer trying to reach agreement on a DDA, Developer <br />shall provide Agency with copies of Developer's Studies in fmal fonn, excepting any attorney- <br />client or attorney work product privileged materials. <br /> <br />Agency and Developer agree that traffic studies for the intersections abutting the Site are <br />essential to the further definition of the Project and should be undertaken as soon as reasonably <br />possible. <br /> <br />8. Agency's Reports, Obligations, and Studies. Within 15 days following the Effective <br />Date, Agency shall make available to Developer for review or copying at Developer's expense <br />all non-privileged studies, surveys, plans, specifications, reports, and other documents with <br />respect to the Property that Agency has in its possession or control. Studies or documents <br />prepared by Agency and its agents solely for the purpose of negotiating the tenns of a DDA are <br />excluded from this requirement. <br /> <br />Agency agrees to diligently pursue the agreement of the City of San Leandro to the <br />abandonment of Hays Street or other transfer transaction to assemble the Hays Street right of <br />way with the Project. <br /> <br />9. Developer's Evidence of Site Control, Pro Fonna, and Evidence of Financing. Prior to <br />the expiration of Term, Developer shall provide Agency with satisfactory evidence of <br />Developer's site control of at least one of the Third Party Parcels. During the term hereof, <br />Developer shall obtain preliminary financing commitments from prospective lenders or financing <br />partners for the Project. Prior to execution of the DDA contemplated by this Agreement, <br />Developer shall provide Agency with a pro forma for the Project that confirms the financial <br />feasibility of Developer's proposed redevelopment of the Property, and shall provide evidence <br />satisfactory to Agency that Developer has secured commitments, subject only to commercially <br />reasonable conditions, for all frnancing necessary for the successful completion of the Project. <br /> <br />Olson ENRA <br />Page 4 of 11 <br />June 2005 <br />