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Resolution 2011-007A
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Resolution 2011-007A
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8/5/2025 2:36:14 PM
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J, Concurrent with its performance of other obligations under this ARTICLE I, the <br />City agrees to and acknowledges the public benefit derived from construction, operation and use <br />of the Property, as delineated in Exhibit C, which defines the City's right and intent to utilize <br />portions of the Facility and property for priority, but secondary, use of portions of the Facility <br />and property, subject to District discretion and reasonable operation and management <br />considerations. <br />K. Should all such contingencies have been met and the City fails to perform under <br />this Agreement after the Closing Date, the City shall immediately reimburse the District, upon <br />written request and documentation by the District, for costs associated with the District's <br />performance of obligations delineated in this Agreement. <br />A. The District and the City will cooperate to reach an agreement on the site location <br />of the Facility by March 4, 2011. <br />B. The District will promptly review all reports and other information provided by <br />the City concerning the results of the environmental and geotechnical investigation of the <br />Property. The District may terminate this Agreement by written notice to City if, based on the <br />results of the investigation and in the reasonable exercise of its discretion, the District determines <br />that the Project is not feasible or practical, or if the District is not able to reach a mutual <br />agreement with the City concerning the allocation of remediation costs, if any. The District's <br />notice of termination must be given in the manner provided in ARTICLE III. <br />I <br />
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