Laserfiche WebLink
Agreement is intended to or shall be interpreted as the grant of any approvals for development of <br />the Project or the Site, or the modification or waiver of any City procedures or requirements. <br />The Parties acknowledge that nothing in this Agreement shall be deemed a commitment <br />by the City to enter into an agreement for conveyance of any interest in the Site or for the <br />development of the Project. In addition, the Parties acknowledge that the final form of any <br />agreement governing the leasing and development of the Site may contain matters not covered in <br />this Agreement, and the provisions herein are not intended to exclude or preclude any other <br />issues that may arise during negotiations. <br />If required pursuant to CEQA, City will cause an Environmental Impact Report ("EIR") <br />to be prepared for the Project. City will select the consultant for preparation of the EIR. <br />Developer will pay City's costs for environmental review, including the cost of City's EIR <br />consultant. Developer's obligation to pay such costs shall be in addition to Developer's <br />obligation to pay City expenses pursuant to Section 4. <br />7. Developer Work and Timeline. Exhibit B details the tasks to be undertaken by <br />Developer during the Term. The Parties agree that if the Term is extended pursuant to Section 3 <br />of this Agreement, Exhibit B shall be revised accordingly and initialed by both Parties at the time <br />of extension. <br />8. Develot~er's Studies; Right of_Access. <br />8.1 Devel~er's Studies. During the Term, Developer shall prepare, at Developer's <br />sole expense, any studies, surveys, plans, specifications and reports ("Developer's Studies") <br />Developer deems necessary or desirable in Developer's sole discretion, to determine the <br />suitability of the Site 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. Developer shall provide to City copies <br />of all reports, test results, studies, analyses, cost estimates, and similar documents prepared for or <br />commissioned by Developer with respect to the Project or the Site within ten (10) business days <br />following their completion; provided however, Developer shall not be obligated to provide <br />proprietary financial information. <br />Developer agrees to include in all contracts for the preparation of any of Developer's <br />Studies a provision that will permit City to have the right to use and rely upon each such study <br />and report. City and Developer agree that traffic studies for Marina Boulevard, Fairway Drive <br />and Monarch Bay Drive are essential to the further definition of the Project and shall be <br />undertaken as soon as reasonably possible. <br />Developer's obligation to provide reports and studies pursuant to this Section 8.1 shall <br />survive the expiration or earlier termination of this Agreement. <br />8.2 Right of Access. Subject to the terms of existing agreements regulating the use of <br />the City-owned parcels comprising the Site, Developer shall have the right of reasonable access <br />for the purposes of inspection, environmental assessments, soils testing, and similar work. <br />1145383-5 <br />