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u (g) The City and the District entering into the First Amendment to Reciprocal Easement Agreement attached hereto as Exhibit E, and the Joint Powers Agreement attached hereto as Exhibit F; (i) All contingencies set forth in this Agreement are satisfied. In the event any of the foregoing conditions are not satisfied on the Closing Date, neither the City nor the District will have an obligation to proceed to Closing and, unless the respective party delivers written notice to the other parties that they have waived any unsatisfied condition and will proceed to Closing, this Agreement, upon notice from either party to the other, will cease and terminate. 14. ADDITIONAL TERMS AND CONDITIONS. The City and the District agree that this Agreement is further contingent upon the following terms and conditions: (a) The City will, at the City's cost, establish a stormwater pond on city property identified as PID 75-134-2308 as a replacement of the stormwater pond located on the a portion of the District Property identified as PID 75-124-2308, which the District will remove as part of the District parking improvements and have costs reimbursed in accordance with Paragraph 2a of this Agreement. The pond will be constructed per plans and specifications approved in writing by the District and will be done to provide capacity that meets State and Local requirements to replace the current treatment capacity of the basin and associated increase of impervious surface due in direct result of its removal. The City will be responsible for the management and maintenance of the new stormwater pond as part of the City's stormwater utility system. (b) The City will, at the City's cost on City property, establish two temporary replacement softball fields of District choosing, for the Districts use, consistent with the intended uses detailed in the JPA, attached as Exhibit F, from the date of this agreement until the permanent fields at Lion John Weicht Park are constructed and ready for use. 15. SURVIVAL. All of the terms and provisions of this Agreement, and the covenants, obligations, agreements, representations and warranties contained herein, shall survive and be enforceable after Closing. 16. NOTICES. Any notice required or permitted hereunder will be given if delivered by personal delivery upon an authorized representative of a party hereto; or if mailed by United States registered or certified mail, upon receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if deposited cost paid with a nationally recognized overnight courier, properly addressed as follows: 20 1970A 9