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<br />. <br /> <br />b. <br /> <br />Failure of Developcr to .propose a land development plan <br />consistcnt with thc TCAAP Utilization Plan and the City's <br />Comprehensive Plan Amendment. <br /> <br />3. Failure to Reach Agreement. Parties acknowledge that the <br />environmental survey of the TCAAP Site, the transfer of the TCAAP <br />Site, and thc preparation of a Comprehensive Plan Amendment will be <br />a complex and expensive undertaking. If cither party has not been <br />able to complete its obligations under this Interim Agreement within <br />the initial twclve-month tcrm, but has made reasonable progress; and <br />if the dclays are the result of matters beyond the party's control, <br />tfteeither party may extend the term ofthisTnfel'imIAgreement for an <br />additional twelve months by writtcn notice to the other party. <br />Thereafter, thc term ofthis]ntel'im Agreement may be extcnded by <br />mutual conscnt of the parties for six additional months. <br /> <br />4. <br /> <br />Default. If Developer fails to perform its obligations under Section <br />3.0E, the City may serve Notice of Defauit upon the Devcloper, by <br />certified mail, return receipt requested. The Developer shall have <br />thirty (30) days from the date of the Notice of Default to cure the <br />default or the City may terminate this Interim Agrecment. <br /> <br />. <br /> <br />H. Data and Reports. Developer shall provide City with copies of the reports <br />and studies as identified on Exhibit D. If this Intel'im':Agreement is <br />terminated, the City may retain such data and reports upon payment of $ _ <br />_ to the Developer. <br /> <br />I. Notice and Correspondence. Any notice required to be given to either party <br />shall be in writing and deemed given if personally delivcred upon the othcr <br />party;, orif depositcd in thc United States mail; and sent certified mail, return <br />reccipt requestcd, postage prepaid and addressed to the other party at the <br />address set forth below~ orif sent via facsimile transmission during normal <br />busincss hours to the party to which notice is given at the telephone number <br />listed for fax transmission. <br /> <br />1. Developer. Notices to Developer shall be addressed to the following <br />party: <br /> <br />. <br /> <br />9 <br />