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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 <br /> 2 <br />