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to support the covenants and agreements of the City and Developer. 2. Relationship of the Parties. It is hereby specifically understood and acknowledged that the Development is a private project and that neither the City nor Developer will be deemed to be the agent of the other for any purpose whatsoever. City and Developer and its successors and assigns mutually deny any intention to form a joint venture or partnership between city and Developer, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer, or its successors and assigns, joint venturers or partners. 3 · Ter~. (a) Unless the term is otherwise modified or ex~¢endedb¥ the parties as set forth in this Development Agreement, the term ("Term") of this Development Agreement is ten (10) years from the Effective Date (defined below), subject to earlier termination as hereinafter provided. (b) Notwithstanding subsection (a), this Development Agreement shall terminate if the Developer fails to begin construction of the first phase of the Development within two (2) year of the Effective Date of this Development Agreement. Additionally, the City may terminate this Development Agreement as to the second phase if the Develop fails to continually operate the Development as a non-profit science museum during the period from completion of the first phase until time to construct the second phase. (c) The termination of this Development Agreement shall not affect any right or duty arising independently from entitle- ments to use issued by City or other land use approvals approved concurrently with or subsequent to the approval of this Development Agreement. (d) Upon the expiration or termination of this Develop- ment Agreement for any reason, the City and Developer and its successors and assigns agree to cooperate and execute any document reasonably requested by the other party to remove this Development Agreement from the public records as to the property or any applicable portion thereof. 4. Permitted Dsvslopmsnt/Phesing As the material consideration for the granting of the vested rights under this Agreement by the City, the Developer agrees to construct on the Property the particular development described in Exhibit C (the "Development"). As to Phase I of the Development, all applications to be submitted, and all construction to be carried out shall be in accordance with City of Santa Aha Development Plan DP96-27 and Variance No. 97-03. As to Phase II of 3