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MAY 10,2013 DRAFT <br /> Fifth Amendment The City has satisfied all of its obligations under Fifth Amendment <br /> Section 5 and Section 5 and Fifth Amendment Attachment B, and the City and <br /> Attachment B (Additional has no further obligations thereunder. <br /> Work) <br /> 1 aiiie.U�oe-'t• tie e roo]}aitema*_tda e T 9..{ II o11 <br /> :voi11)on. d • (V• (City's geotechnical engineer)to <br /> .. e 013_►iA ``' eoe i- Rs( ' _ebtec ,. e :`1'=e <br /> �9rCO }1Lp1L°4r 1� �G'Lj 11 <br /> 0M®� e Ei l l��A`61 GI X PLAGi�`�-cM <br /> Mill Site Fill and Grading <br /> Section 18.1(f)(as The City has satisfied all of its obligations under Section 18.1(f), <br /> amended/supplemented by Third Amendment Section 22(f)and Fifth Amendment <br /> Third Amendment.Section Section 6.a.,and the City has no further obligations thereunder. <br /> 22(f)and Fifth <br /> Amendment Section 6.a) <br /> Section 19.7.7(as Developer has reviewed the"Eclipse Mill Site Existing Ground <br /> amended/supplemented by Contours Survey"dated November 2010 by Perteet,Inc. <br /> Third Amendment Section Developer acknowledges and does not object to,and hereby <br /> 23 and Fifth Amendment accepts,the fact that the Mill Site level is slightly less than"on <br /> Section 6.b) average 2 feet above the 100 year floodplain elevation established <br /> by FEMA." The City and Developer agree that the City has <br /> satisfied its obligations under the first sentence of Section 19.7.7 <br /> as amended by Third Amendment Section 23 and subse e uently <br /> amended by Fifth Amendment Section 6.b. rivy,-o afrofift <br /> • n�° i�.�e o e-o <br /> The City has filed and prosecuted,using reasonable and diligent <br /> efforts,an application with FEMA to have FEMA amend the <br /> applicable Flood Insurance Rate Map to re-designate the Mill Site <br /> Development Area within Zone X. The Parties have received the <br /> FEMA letter of map revisions dated February 14,2012. The City <br /> has no further obligations to file or prosecute any additional <br /> FEMA applications related to the Mill Site. <br /> In accordance with the last sentence of Section 19.7.7,the City has <br /> delivered evidence satisfactory to Developer that the Mill Site <br /> Development Area has sufficient toe and bank protection to <br /> prevent the migration of materials caused by river flow,including <br /> flooding events. ; ik3 to',..edta Oro <br /> c lel n aII <br /> I4a.titikoOMAxo_li <br /> Exhibit A-3 <br /> 14 <br />