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MAY 10,2013 DRAFT <br /> Sewer Improvements <br /> Section 18.1(g) (as No Landfill Sewer Notice or Simpson Sewer Notice has been <br /> amended/supplemented by delivered in accordance with Fifth Amendment Section 7. Both <br /> Third Amendment Section City and Developer have remaining obligations under this Section. <br /> 22(g)and (h),Fourth <br /> Amendment Section 1.f, <br /> and Fifth Amendment <br /> Section 7) <br /> Wetland Restoration Except for the"Railroad Corridor Trail&Enhanced Drainage <br /> Channel Project"awarded by City Council to KLB Construction, <br /> Section 18.1(i) (as Inc. on January 9,2013,the City has not received any non-City <br /> amended/supplemented by governmental permits or approvals for the Wetland Restoration <br /> Fifth Amendment Section and has not commenced work on any portion of the Wetland <br /> 8) Restoration. <br /> MOU with Ecology The City and Developer proposed an MOU to Ecology in 2009. <br /> Ecology responded by suggesting that it be put in the form of <br /> Third Amendment letter. Developer stated in August 2009 that it wished to study the <br /> Section 25 letter concept. The City will take no further action until Developer <br /> completes this study and notifies City. <br /> BNSF Wetland Mitigation The City has satisfied all of its obligations under Third <br /> Easement Amendment Section 10,and the City has no further obligations <br /> thereunder. <br /> Third Amendment - <br /> ikk e.r. ei �i Y.1.y:1�1��e14�! � �i a' >� I11CI1 ar <br /> Section 10 <br /> en I f tesGr s. :Wil •eco 1 <br /> Developer and City agree that the reference in Third Amendment <br /> Building and Fence Section 9 to`Exception 24c"is incorrect and is hereby replaced <br /> Relocation with a reference to`Exception 14c& 14e". Developer and City <br /> agree that the encroachments listed in Exception 14c and 14e have <br /> Third Amendment been removed. Accordingly,the City has satisfied its obligations <br /> Section 9 under Third Amendment Section 9, and the Ci has no further <br /> obligations thereunder. ikriAgiDR:wr s`r�l t _b din is <br /> tenee encroacbmensth. C? syP +e I e: <br /> New Markets Tax Credits <br /> Fifth Amendment The City has not awarded any Allocation to any Recipient. <br /> Section 11 <br /> Exhibit A-4 <br /> • <br /> 15 <br />