CCP 09-13-2004 - Laserfiche WebLink

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2. Discovery of environmental conditions not currently anticipated and remediation costs associated therewith which would make the development not economically feasible. . 3. Failure of the City to adopt a Comprehensive Plan Amendment for the AH Reuse Area, 4. Determination that private development of the AH Reuse Area by Developer is not feasible. 5. Failure to secure governmental approvals which would allow environmental remediation and redevelopment to occur. 6. Failure of Developer and City to agree to proceed with each step of the proposed planning process, as outlined on Exhibit D attached hereto, B. City Best Interest Determination. If, at any time, the City determines that it is not in the best interest of the City to obtain the AH Reuse Area for any of the following reasons, City can terminate this Interim Agreement in its sole discretion: . 1. Actions or circumstances which would expose the City to unacceptable environmental remediation risks. 2. Failure of Developer to propose a land development plan for the AH Reuse Area that is consistent with the City's Comprehensive Plan Amendment for the AH Reuse Area. 3. Failure of City and Developer to agree to proceed with each step of the proposed planning process, as outlined on Exhibit D attached hereto. C. Default. If Developer fails to perform its obligations under Section 6.0, the City may serve Notice of Default upon the Developer, by certified mail, return receipt requested. The Developer shall have thirty (30) days from the date of the Notice of Default to cure the default or the City may terminate this Interim Agreement. Termination for default pursuant to this section shall not obligate the City to make reimbursements pursuant to Section 6.0.(e). 9.0 Notice and Correspondence. Any notice required to be given to either party shall be in writing and deemed given if personally delivered upon the other party; . 9