10B Action 2012 0402 - Laserfiche WebLink

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to retain a 465 -berth boat harbor, the City understands that in order to allow for a successful development at the Shoreline area, redevelopment of the harbor basin is necessary. The City desires that the boat harbor be maintained as long as feasible and should additional revenue not be found for dredging and maintaining the boat harbor /marina, the redevelopment of the boat harbor into the Aquatic Park alternative described in Exhibit C , or a similar reuse of the basin will be considered with consultation and input from Developer. 7. Compliance with CEQA An Environmental Impact Report ( "EIR ") must be prepared for the Project. City will select the consultant for preparation of the EIR, and Developer will pay City's costs for preparation of the EIR, (including City staff time and the cost of the EIR consultant). Developer's obligation to pay such costs shall be in addition to any other Developer's obligation to pay or reimburse City expenses pursuant to the Original ENRA (although City confirms that it does not believe that any such unreimbursed expenses are outstanding) or Section 18 of this Agreement. 8. Developer Work and Timeline Exhibit D details the Entitlement Tasks and Timeline to be undertaken by City and Developer during the Term. The Parties agree that if the Term is extended pursuant to Section 3 of this Agreement, Exhibit D shall be revised accordingly and initialed by both Parties at the time of extension. 9. Developer's Studies; Right of Access 9.1 Developer's Studies During the Term, Developer shall prepare, at Developer's sole expense, any studies, surveys, plans, specifications and reports ( "Developer's Studies ") Developer deems necessary or desirable in Developer's sole discretion, to determine the suitability of the Site for the Project. Such studies may include, without limitation, title investigation, relocation analyses, marketing, feasibility, soils, seismic and environmental studies, financial feasibility analyses, and design studies. Developer shall provide to City copies of all reports, test results, studies, analyses, cost estimates, and similar documents prepared for or commissioned by Developer with respect to the Project or the Site within ten (10) business days following their completion; provided however, Developer shall not be obligated to provide proprietary financial information. Developer agrees to use commercially reasonable efforts to include in all contracts for the preparation of any of Developer's Studies a provision that will permit City to have the right to use and rely upon each such study and report. Developer's obligation to provide reports and studies pursuant to this Section 9.1 shall survive the expiration or earlier termination of this Agreement. 9.2 Right of Access Subject to the terms of existing agreements regulating the use of the City -owned parcels comprising the Site, Developer shall have the right of reasonable access for the purposes of inspection, environmental assessments, soils testing, and similar work. Developer shall be responsible for obtaining any third -party approvals that are necessary to prepare the Developer's Studies (such as an encroachment permit if required). The City may impose reasonable limitations on access to the Site as set forth in a right of entry or similar 1741070.3 6