Riverfront Property Disposition Amendment 8

Picnic Shelter Project no later than twelve (12) months after such commencement. (6) Realignment of Trail Segment on Northeast Part of Riverfront Trail and Shoreline Restoration. The City shall complete all work necessary to realign approximately 500 to 600 linear feet of Riverfront Trail, to add a new culvert under the old trail, and to re-grade the old trail and restore with native planting, all as generally shown on page 15 of the Master Plan (collectively, the "Northeast Relocation Project"). The City shall procure at the City's cost all necessary permits and complete the final design for the Northeast Relocation Project. The City shall commence the Northeast Relocation Project no later than twelve (12) months after completion of the final design and receipt of all necessary permits, and the City shall complete the Northeast Relocation Project no later than twelve (12)months after such commencement. (7) 41st Street Trail Intersection. The City at its own cost shall complete all work necessary to construct the 41st Street Trail Intersection, as generally shown on page 15 of the Master Plan and also as shown in sheets L1.1 and L2.1.7 in the plan set entitled "Riverfront Development— Public Amenities" (60% Design) (the "Intersection Project"). The City shall procure at the City's cost all necessary permits and complete the final design for the Intersection Project. The City shall commence the Intersection Project no later than twelve (12) months after completion of the final design and receipt of all necessary permits, and shall complete the Intersection Project no later than twelve (12) months after such commencement. B. Wetland C Enhancements. Section 4.B of the Seventh Amendment is deleted. Developer acknowledges that timing of procurement of the permits for the Picnic Shelter Project, Northeast Relocation Project, and Intersection Project is dependent on the City having funding to complete those projects. 3. Responsibility for Remaining Obligations. Developer (meaning PNW Riverfront L.L.C. and Riverfront Commercial Investment L.L.C., jointly and severally) is responsible for the satisfaction of all obligations of"Developer" under the PDA (including, for example, those obligations of "Polygon" under the Seventh Amendment). These obligations include without limitation: (a) obligations regarding the Landfill Pad and Main Road and (b) obligations to pay liquidated damages in the event that PDA requirements regarding LEED are not satisfied. The City acknowledges that Developer may arrange with others, including the Mill Site Owner or the Simpson Pad Owner, to undertake work on Developer's behalf, but such contracting does not relieve Developer of its ultimate responsibility to satisfy PDA obligations. 4. Temporary Easements/Permission to Enter. To the extent not already granted elsewhere in the PDA or in other written agreements between the parties, the parties grant each 3