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2 <br />109647 102 ik095e036d.002 <br />any interest in the Developer Property. Therefore, the parties now desire to remove PNW <br />Riverfront LLC as a party to this Agreement. <br />E.Accordingly, the Parties hereto have agreed to amend the Agreement as set <br />forth herein. <br />AGREEMENTS <br />For good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged and in accordance with the terms of the Agreement, Developer and the City <br />hereby amend the Agreement as follows: <br />1 REPLACEMENT OF CINEMA WITH ANCHOR FOOD AND <br />RECREATION USE <br />In the Agreement (including the exhibits thereto), the terms “cinema”, “Cinema <br />Element Phase” and “Cinema Element Property” are each respectively replaced with <br />“AFR Use,” “AFR Phase,” and “AFR Property,” as such terms are defined in the <br />Second DA Addendum. <br />Section 3.4 of the Agreement, which was added by the First Amendment, is amended <br />to read as follows: “As stated in the 2nd Amendment to the DA as amended, Developer <br />will, prior to completion of the Third Phase, complete the AFR Phase.” <br />2 ECLIPSE MILL PARK <br />The City anticipates receiving funding for the Later Phase Eclipse Mill Park Project <br />in 2025, with construction beginning and complete in 2025 or 2026. The parties agree <br />that for construction purposes it would be most efficient if Developer’s First Phase <br />Park Project were constructed after completion of the City’s Later Phase Eclipse Mill <br />Park Project. Accordingly, the parties amend the Agreement as follows: <br />2.1 The fifth sentence of Section 1.4 of the Agreement is replaced with <br />“Developer will cause First Phase Park Completion to occur in accordance <br />with the approved plans and specifications no later than 18 months after the <br />City completes its Later Phase Eclipse Mill Park Project, subject to extension <br />of such date for Force Majeure as provided in Section 13.2 (“First Phase <br />Park Completion Deadline”).” <br />2.2 The parenthetical in the first sentence of Agreement Section 2.3.3.2 is <br />replaced with “(other than the First Phase Park Project, which must be <br />completed by the First Phase Park Deadline).” <br />Section 7.2.2 of the Agreement is deleted. However, in the event that the City does <br />not secure the anticipated funding for the Later Phase Eclipse Mill Park Project and <br />provides written notice thereof to Developer, then (A) the First Phase Park Completion <br />Deadline will be 18 months after the date of such notice to Developer, but in no event <br />will such deadline be earlier than December 31, 2026, with such deadline subject to