CCP 09-13-2004 - Laserfiche WebLink

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. . . B. Avoidance of Duplication. City agrees to keep Developer apprised of the type of reimbursable expenses which are being incurred so that each party can attempt to avoid a duplication of services and expenses; provided that, the City, in its sole discretion, may determine which reimbursable costs are necessary for the City to incur in order to satisfy its obligations pursuant to the terms of this Interim Agreement. C. Developer Reimbursement. If this Interim Agreement is terminated by the City pursuant to the provisions of Section 8.0.(B)(1), and the City, within three (3) years of such termination, selects another non- governmental or private sector entity to plan, evaluate or develop all or a major portion of the AIl Reuse Area, the City shaH reimburse the Developer for all or that portion of the planning consultant costs identified on Exhibit C under the captions "DSU" or "URS Inc. - Planning" which have been incurred. 7.0 Limitations. This Interim Agreement docs not constitute a disposition of property or any waivcr ofthc cxercise of control by the City. Execution of this Interim Agreement by the City is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving discretion of final approval to the City as to any Disposition and Development Agreement and all proceedings and decisions in connection thcrewith. The City and Developer understand that the propcrty in question is currently owned by the United States Government and that the purpose of this Interim Agreement is to assist in negotiations with said Govemment to have the site conveyed to the City on terms and conditions favorable to the City and for the purposes outlined in this Interim Agreement or as may be described in a final Disposition and Development Agreement. 8.0 Term of Agreement. This Interim Agreement shaH continue from the date hereof until August 31,2005, unless terminated at an earlier date as hereinafter provided, or extended by mutual consent of the parties. A. Developer Non-feasibilitv Determination. If at any time the Developer determines that the development of the AH Reuse Area is not feasible for any of the following reasons, Developer can terminate this Interim Agreement in its sole discretion: 1. Inability to negotiate with govemment agencies under economical terms for the disposition and remediation of the AIl Reuse Area. 8