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Agency, as requested, to determine the environmental impact of the proposed <br />development, and to allow the Agency to prepare, at the Agency's sole cost and <br />expense, such environmental documents, if any, as may be needed to be completed for <br />the project pursuant to NEPA and/or CEQA. It is further agreed that, prior to entering <br />into any final agreement(s) with the Developer, the Agency and/or City must approve <br />any and all NEPA and/or CEQA documents that may be applicable to the development <br />and that nothing in this Agreement in any way constitutes nor shall it be interpreted to <br />be a contractual obligation committing the Agency and/or the City to undertake the <br />development. <br />8. Agency's General Obligations. <br />Within the Negotiation Period, the Agency shall: <br />A. Negotiate through its staff with the Developer for the development of the <br />Project. <br />B. Determine and process required environmental documentation. <br />C. Review the Developer's proposal and assist the Developer in the preparation <br />of any applications or other documents necessary to obtain any required entitlements <br />from the City or other agency with regulatory jurisdiction. <br />D. Determine whether any additional real property acquisitions may be <br />desirable, including payment of cost of appraisals, title reports and any action that may <br />be required for any portion of the District not presently owned by the Agency. <br />E. Review the Developer's proposed financing methods for the proposed <br />development. <br />9. Exclusions of Properties <br />During the Negotiation Period, opportunities for development of open space are <br />to be identified. To the extent that one or more the Agency Parcels is mutually <br />designated for such purpose, it may be excluded from treatment as an Agency Parcel <br />for purposes of this Agreement. <br />10. Effect of Non -approval of Project. <br />If Agency Board of Directors does not approve mutually agreeable final <br />agreement(s) with Developer for any of the Agency Parcels within two years of the <br />Effective Date, or if either party exercises its right to early termination under Section 3 <br />hereof, then Agency shall reimburse Developer its Third Party Costs, as hereinafter <br />0 <br />