2017/03/29 Council Agenda Packet

2 (1) The Transfer Lot Group shall be transferred to and accepted by the City on or before the Transfer Lot Group Closing Date; and (2) Transfer Lot 3 shall be transferred to and accepted by the City on or before January 31,2021 (the"Transfer Lot 3 Closing Date"). As to Transfer Lot 3, Owner agrees to complete the Transfer Lot 3 Minimum Acceptance Work, and if Owner so elects under Section 1.2(d) and Section 1.4,the Transfer Lot 3 Maximum Acceptance Work, as well as those conditions listed in Section 1.8,and notify the City of its readiness to convey Transfer Lot 3 to the City no later than sixty(60)days prior to the Transfer Lot 3 Closing Date. Except as stated in this Amendment or the Deeds, the respective conveyances include no warranties or other assurances. (c) TL Group Acceptance Standards Work. Owner has completed, in accordance with the State Department of Natural Resources ("DNR")Amended Reclamation Permit#70-010161 (the"Amended Permit"),the work shown in the approved plan set prepared by David Evans &Associates dated August 27, 2015, and in the Geotechnical Engineering Services report dated August 14,2015, attached as Exhibit C (which shall replace and modify as to the Transfer Lot Group the requirements detailed on Exhibit C attached to the Development Agreement)(collectively,the"TL Group Approved Plans"). The TL Group Approved Plans • delineate work that includes,but is not limited to,a rough grade elevation of the Transfer Lot Groups that is no greater than 511.5 feet(measured from the plane of each Transfer Lot with all elevations at NAVD of 1988 Datum),plus or minus 1.0 feet(all work in the TL Group Approved Plans,the"TL Group Acceptance Standards Work"). The City acknowledges it has completed its inspection under Section 1.4 and has accepted the TL Group Acceptance Standards Work as required under Section 1.8. 5 131047136.14