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D "It otv\-0-.2•- i\A._e_a•----\-- <br /> I <br /> ' acknowledge that City has determined that it will likely proceed with the construction of the <br /> Roundabout and 41St Extension during Summer 2011, <br /> b. Substantial Completion of Roundabout and 41St Street Extension. The <br /> deadlines under the PDA for the City to substantially complete construction of the Roundabout <br /> and 41st Street Extension are amended as follows: <br /> (1) Roundabout. Developer shall use commercially reasonable <br /> i judgment to determine on what date development of the Landfill Site or the Simpson Site will <br /> require the substantial completion of the Roundabout (this date, the "Roundabout Deadline"). f <br /> I <br /> When Developer determines the Roundabout Deadline, Developer shall deliver a notice to the <br /> City stating the Roundabout Deadlineer of the "Roundaboutthe Roundabout Notice"). <br /> eadlh e or (b)shalle City substantially <br /> that is <br /> complete the Roundabout by th <br /> sixteen (16)months after delivery of the Roundabout Notice. <br /> (2) 41St. Extension. Developer shall use commercially reasonable <br /> judgment to determine on what date development of the Simpson Site will require the substantial <br /> completion of the 41St Extension (this date, the "4lst Street Extension Deadline"). When <br /> Developer determines the 41St Street Extension Deadline,Developer shall deliver a notice to the <br /> City stating the 41st Street Extension Deadline (the "4lst Extension Notice"). The City shall <br /> substantially complete the 41st Street Extension by the later of (a)the 41st Street Extension <br /> Deadline or (b)the date that is sixteen (16) months after delivery of the 41st Street Extension <br /> Notice. <br /> c.- -Paving. With-respect to the Roundabout and the 41st Street Extension,the <br /> PDA is amended so that the City at its cost will construct t for theaccordance <br /> up with theer 1.5 2011 <br /> es 1 <br /> Construction Drawin s the full depth of roadway cross section except <br /> f <br /> as halt avement. ,The upper 1. inches of asphalt pavement on Me Roundabout and 41 _ Street <br /> Extension wi I be at the Developer's cost 1 and chesl ofe asphalteted by pavementeve the City shall be <br /> loper. Prior to <br /> Developer's starting work on the upper <br /> responsible for any repairs to the roadway cross section installed by the City to the extent such <br /> re airs have not been necessitated by the actions of the Developere or <br /> ny Developer'sProperty owner contractors, <br /> —�' the actions of any Pr p y <br /> agents, lessees or invitees or y <br /> contractors, agents,lessees or invitees. Prior to Developer starting work on the upper 1.5 inches <br /> of asphalt, Developer will give the City a reasonable opportunity to inspect the condition of the <br /> roadway cross section as installed by the City. <br /> d. Abutment Surcharge. The City will deliver about 16,350 yards of gravel <br /> barrow abutment surcharge material from the Roundabout <br /> mutually agreed location within the Simpson Site. This delivery is at the City's cost and will be <br /> completed no later than the date of completion of the 41St Street Extension. Upon delivery, <br /> (i)the abutment surcharge material is the property of Devree en the PDAr and (ii)excor eptt fora any is <br /> City <br /> obligations regarding hazardous materials that may be contained <br /> between the City and Developer, the City has no further obligations regarding the abutment <br /> surcharge material. <br /> -2- <br />