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to retain a 465 -berth boat harbor, the City understands that in order to allow for a successful <br /> development at the Shoreline area, redevelopment of the harbor basin is necessary. The City <br /> desires that the boat harbor be maintained as long as feasible and should additional revenue not <br /> be found for dredging and maintaining the boat harbor /marina, the redevelopment of the boat <br /> harbor into the Aquatic Park alternative described in Exhibit C, or a similar reuse of the basin <br /> will be considered with consultation and input from Developer. <br /> 7. Compliance with CEOA. <br /> An Environmental Impact Report ( "EIR ") must be prepared for the Project. City will select the <br /> consultant for preparation of the EIR, and Developer will pay City's costs for preparation of the <br /> EIR, (including City staff time and the cost of the EIR consultant). Developer's obligation to <br /> pay such costs shall be in addition to any other Developer's obligation to pay or reimburse City <br /> expenses pursuant to the Original ENRA (although City confirms that it does not believe that any <br /> such unreimbursed expenses are outstanding) or Section 18 of this Agreement. <br /> 8. Developer Work and Timeline. Exhibit D details the Entitlement Tasks and Timeline to be <br /> undertaken by City and Developer during the Term. The Parties agree that if the Tenn is <br /> extended pursuant to Section 3 of this Agreement, Exhibit D shall be revised accordingly and <br /> initialed by both Parties at the time of extension. <br /> 9. Developer's Studies; Right of Access. <br /> 9.1 Developer'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 use commercially reasonable efforts to include in all contracts for the <br /> preparation of any of Developer's Studies a provision that will permit City to have the right to <br /> use and rely upon each such study and report. Developer's obligation to provide reports and <br /> studies pursuant to this Section 9.1 shall survive the expiration or earlier termination of this <br /> Agreement. <br /> 9.2 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 /> Developer shall be responsible for obtaining any third -party approvals that are necessary to <br /> prepare the Developer's Studies (such as an encroachment permit if required). The City may <br /> impose reasonable limitations on access to the Site as set forth in a right of entry or similar <br /> 1741070.3 6 <br />