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6.1 F <br />Page 23 <br />AGREEMENT <br />ARTICLE 1. EFFECTIVE DATE AND TERM <br />Section 1.01. Effective Date. This Agreement shall become effective upon the later to <br />occur of City Council approval of this Agreement or the date this Agreement is fully executed by <br />the Parties (the "Effective Date"). <br />Section 1.02. Term. The term of the Agreement (the "Term") shall begin on the <br />Effective Date and, unless otherwise agreed to by the Parties or earlier terminated pursuant to <br />Section 5.04 herein, expire upon on the date that City's City Council concludes its review of the <br />Applications. <br />ARTICLE 2. RESOLUTION # 14609. <br />Section 2.01. In General. Saltworks acknowledges and agrees that Resolution #14609 <br />Planning Cost Recovery Policy governs the Applications. Saltworks further acknowledges and <br />agrees that the processing of the Applications will not occur if Saltworks does not fund the <br />processing, and that City may suspend processing until adequate funds to meet processing costs <br />are deposited with City or terminate the processing if adequate funds are not received by City <br />within 90 days after written notice to Saltworks. The Parties acknowledge that the complexity <br />and the expected duration of the processing of the Applications make it helpful to establish an <br />implementation plan for Resolution #14609 that provides Saltworks with financial accountability <br />for the money City is expending to review the application. In the event of any inconsistency <br />between the reimbursement policy of Resolution # 14609 and this Agreement, the provisions of <br />this Agreement shall control. <br />ARTICLE 3 PLANNING AND ENTITLEMENT IN GENERAL <br />Section 3.01. Process in General. The Parties agree that the permits and planning <br />requests to be reviewed by City shall be those in the Applications. Saltworks agrees to provide <br />the "Technical Reports" (defined below} and any other information reasonably required for the <br />City's environmental review process. <br />Section 3.02. CEQA Review. City will act as lead agency under the California <br />Environmental Quality Act of California ("CEQA"). Saltworks will prepare at its sole cost and <br />submit to City any and all studies and evaluations that may be requested as a part of the City's <br />CEQA review and planning processes, including, without limitation, studies and evaluations <br />covering issues such as air quality; energy and greenhouse gas emissions; biological resources; <br />cultural resources; hazardous materials and related issues; hydrology and water quality; noise; <br />transportation; water supply; wastewater and stormwater; fiscal reports; planning studies; and <br />others that may be required in the City's discretion (collectively, the "Technical Reports"). City <br />will review and consider the Technical Reports in the preparation of its environmental evaluation <br />under CEQA and its consideration of the Applications. Saltworks acknowledges and agrees that <br />City must independently review and exercise its independent judgment with respect to the <br />content and conclusions of the Technical Reports and may in its discretion retain consultants at <br />Saltworks' cost to review and comment on the Technical Reports, or to provide such <br />supplemental reports as City may deem necessary or desirable, during the environmental review <br />and planning process. <br />ATTY/AGR/20l 0.044 <br />051210 <br />