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3. The location and dimensions of the easements defined by the parties under Section 3.03; and 4. the surveyor's registered number and seal, the date of the survey and a certificate. 4.03. Evaluation Period for Intersection Improvements. A. The City will proceed upon execution of this Agreement to evaluate the feasibility of construction of the Intersection Improvements. This evaluation will include the following factors, among any others deemed relevant by the City: ]. Funding availability; 2. Right-of-way needs for street, sidewalk and utility improvements; and 3. Permit requirements for governmental authorities with jurisdiction over the project, including any studies, reports, permit conditions and findings incident to any such permits. B. The City will proceed with diligence to perform this evaluation, and will endeavor to complete this evaluation no later than December 31, 2001, subject to extensions as may be agreed upon by the parties. The City will provide written notice to SWT upon making a determination whether the Intersection Improvements are feasible. If the City determines the Intersection Improvements are feasible, the City will proceed under Section 4.04. If the City determines that the Intersection Improvements are not feasible, this Agreement will terminate upon the City's delivery of notice of this fact to SWT, and the parties will have no further rights or obligations under this Agreement. 4.04. SWT Tracts Commitment. Within five days :from the date of receipt of notice :from the City that the Intersection Improvements are feasible, SWT shall order from the Title Company an owner's title policy commitment (the "SWT Tracts Commitment") showing good and indefeasible fee simple title to the SWT Tracts to be in SWT and showing all encumbrances and other matters, if any, relating to the SWT Tracts, together with a legible copy of each document referred to in the SWT Tracts Commitment. 4.05. Survey ofSWT Tracts. Within five days from the date of the City's notice to SWT that the Intersection Improvements are feasible, the City, at its cost and expense, will order a current survey of the SWT Tracts consisting of a plat and field notes, prepared by a registered public surveyor. The Survey will include: 1. the actual dimensions of the SWT Tracts and the number of square feet contained in them; 2. the identity of any easements or other matters referred to in the SWT Tracts Commitment with recording references; and 3. the surveyor's registered number and seal, the date of the survey and a certificate. C:\TEMP\SWT ATP Property Exchange.doc 3