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CCP 07-08-2002
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CCP 07-08-2002
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<br />purposes outlined in this Interim Agrccment or as may bc described in a final . <br />Disposition and Development Agreement. <br /> <br />G. Term of A2reement. This Interim Agreement shall become effectivc upon <br />execution by City and Developer ("Commencement Date") and shall <br />tcrminatc in twelve (12) months from such Commencement Date unless <br />terminated at an earlier date or cxtcnded as hereinafter provided: <br /> <br />1. Developer Non-feasibility Determination. If at any time the <br />Developcr determines that the development of the TCAAP Site is not <br />feasible for any of the following reasons, Developer can terminate this <br />Interim Agreement in its sole discretion: <br /> <br />a. Inability to negotiate with government agencies under <br />economical terms for the disposition and remediation of the <br />TCAAP Site. <br /> <br />b. <br /> <br />Discovery of environmentalconditions not currently anticipated <br />and remediation costs associated therewith which would make <br />the development not economically feasible. <br /> <br />. <br /> <br />c. Failure of the City to adopt a Comprehensive Plan Amendment <br />consistcnt with the TCAAP Utilization Plan. <br /> <br />d. Determine pursuant to the feasibility studies described in <br />Section 3.B.l.c. that private development ofthe TCAAP Site by <br />the Developer is not feasible. <br /> <br />e. Failure to secure governmental approvals which would allow <br />the Project to procccd. <br /> <br />2. City Best Interest Determination. If, at any time, the City determines <br />that it is not in the best intcrest of the City to obtain the TCAAP Site <br />for any of the following reasons, City can terminate this Interim <br />Agreement in its sole discretion: <br /> <br />a. A proposal to transfer property in a manner that would expose <br />the City to unacccptable environmental remediation risks. <br /> <br />. <br /> <br />8 <br />
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