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I. <br />a. Landfill Site Sewer Improvements. At such time that Developer <br />commences development of the Landfill Site in accordance with the PDA, Developer shall use <br />commercially reasonable judgment to determine on what date such development will require the <br />substantial completion of the Sewer Improvements serving the development (this date, the <br />"Landfill Sewer Deadline"). When Developer determines the Landfill Sewer Deadline, <br />Developer shall deliver a notice to the City stating the Landfill Sewer Deadline (the "Landfill <br />Sewer Notice"). The City shall substantially complete such Sewer Improvements by the later of <br />(a) the Landfill Sewer Deadline or (b) the date that is twenty (20) months after delivery of the <br />Landfill Sewer Notice. Developer and City acknowledge that, if the Landfill Site is developed in <br />phases, it may be commercially reasonable to also phase the construction of the Sewer <br />Improvements, in which case Developer shall deliver to the City a Landfill Sewer Notice <br />containing a Landfill Sewer Deadline for each phase. <br />b. Simpson Site Sewer Improvements. At such time that Developer <br />commences development of the Simpson Site in accordance with the PDA, Developer shall use <br />commercially reasonable judgment to determine on what date such development will require the <br />substantial completion of the sewer and other improvements necessary to connect the Simpson <br />Site to the City's main sewer system (collectively, the "Simpson Site Sewer Improvements") and <br />(this date, the "Simpson Sewer Deadline"). When Developer determines the Simpson Sewer <br />Deadline, Developer shall deliver a notice to the City stating the Simpson Sewer Deadline (the <br />"Simpson Sewer Notice"). The City shall substantially complete the Simpson Site Sewer <br />Improvements by the later of (a) the Simpson Sewer Deadline or (b) the date that is eighteen (18) <br />months after delivery of the Simpson Sewer Notice. Developer and City acknowledge that, if the <br />Simpson Site is developed in phases, it may be commercially reasonable to also phase the <br />construction of the Simpson Site Sewer Improvements, in which case Developer shall deliver to <br />the City a Simpson Sewer Notice containing a Simpson Sewer Deadline for each phase. <br />8. Wetlands Restoration. Section 18.1 (i) of PDA states the following: <br />(i) Restore the wetland area studied to the standards set forth in the <br />Snohomish Riverfront Properties at Bigelow Creek: Conceptual Enhancement Program <br />study (the "Wetland Restoration"). Substantial completion of the major elements of the <br />Wetland Restoration shall occur within thirty-six (36) months after the City obtains the <br />required non -City governmental permits and approvals, which the City agrees to <br />reasonably diligent efforts to obtain. <br />This section is deleted and replaced with the following: <br />(i) Restore the wetland areas to the standards set forth in the Riverfront <br />Development Public Amenities Master Plan approved by City Council on March 31, <br />2010 or as otherwise required under any other permits or agreements obligating the City <br />to perform wetland restoration on the Property (including but not limited to any <br />agreement between the City and any neighborhood groups or any Tribe) (the "Wetland <br />Restoration"). The City agrees to use reasonably diligent efforts to obtain the required <br />non -City governmental permits and approvals for Wetland Restoration. Whenever the <br />City receives the required non -City governmental permits and approvals for a portion of <br />the Wetland Restoration, the City shall commence work on that portion of the Wetland <br />0 <br />