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transportation facilities proposed by the Rail District, then either the City or Rail District may <br />terminate this Agreement and all funds accumulated in the Tax Increment Fund will be available <br />to the City to redirect to any lawful municipal purpose. <br />(b) If by January 1, 2020, the Rail District has not met the Measure for Determining <br />Project Viability, then the City or the Rail District, may terminate this Agreement and all funds <br />accumulated in the City's Tax Increment Fund will be available for Council to redirect to any <br />lawful municipal purpose. <br />(c) For Tax Increment Funds that have not been paid out or committed for <br />Administrative Costs or Project Costs pursuant to the Project Plan after a period of six (6) years <br />after approval of the Zone by all parties to this Agreement, any Party may provide sixty (60) <br />days written notice to all other Parties to this Agreement and after the expiration of sixty (60) <br />days after written notice, may withdraw from the Tax Increment Fund any Tax Increment <br />Payments that the City deposited into the Tax Increment Fund and which have been in the fund <br />for six (6) years or more. The six (6) year period may be extended with the approval of the <br />Parties. In the event the Rail District or any other Party has an objection to withdrawal, the Rail <br />District may defer the withdrawal for an additional ninety (90) days and refer the issue to <br />mediation. The mediation shall be administered by a mutually agreed upon mediator. The <br />mediation shall be nonbinding and any fees of mediation shall be shared equally by both Parties. <br />If the dispute cannot be satisfactorily mediated and resolved prior to the end of the ninety (90) <br />day period, the Party giving notice requiring withdrawal shall be entitled to proceed with <br />withdrawal. <br />]4 <br />