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2 <br /> <br />109647 102 ik095e036d.002 <br />Accordingly, the Developer has proposed to extend the deadline for the grocery store by five <br />years to July 1, 2030. <br />E. The purpose of this Amendment is to update the First Phase deadline to delete <br />First Phase elements that have been completed, acknowledge that First Phase Park Project <br />will be completed as set forth in the Second Amendment, and extend the grocery store <br />deadline by five years. <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 DEADLINE UPDATE <br />The parties have agreed to that the phrase in Agreement Section 10.1.1 that states <br />fails to substantially complete the First Phase by July 1, 2025 subject <br />to extensions for Force Majeure as provided in Section 13.2 other than <br />Force Majeure arising from COVID-19 <br />is hereby replaced by <br />fails to substantially complete (a) the First Phase Park Project by the First <br />Phase Park Completion Deadline and (b) the grocery store, as described in <br />Recital E(2) above, by July 1, 2030, all subject to extensions for Force <br />Majeure as provided in Section 13.2 <br />2 AGREEMENT IN FULL FORCE AND EFFECT <br />Except as modified by this Amendment, the Agreement remains in full force and effect. <br />This Agreement may be signed with AdobeSign, which is fully binding. <br /> <br />[SIGNATURE PAGES FOLLOW] <br /> <br /> <br />