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EXHIBIT 1 TO ORDINANCE <br /> 16. Other. Except as expressly modified in this Second Amendment, the Development <br /> Agreement shall remain in full force and effect and Developer and the City, as Parties to the <br /> Development Agreement, acknowledge, confirm, and ratify all of the terms and conditions of the <br /> Development Agreement. Whenever in this Second Amendment (including all such documents <br /> and other materials referenced herein as attachments, exhibits, schedules, or annexes): (i) the <br /> words "herein," "hereunder," "hereinabove," "hereinafter," or similar words are used, the same <br /> shall be deemed to refer to this entire Second Amendment unless expressly stated to the contrary, <br /> and (ii) the terms "include," "including" and words of similar import shall be construed as if <br /> followed by the phrase "without limitation". <br /> 17. Exhibits. The following Exhibits is attached hereto and hereby made a part of this Second <br /> Amendment: <br /> 17.1 Exhibit 1 — First Phase Drawings <br /> 17.2 Exhibit 2—36th Street Schematic Drawings <br /> 17.3 Exhibit 3 —Central Gathering Space Drawing <br /> 17.4 Exhibit 4—Eclipse Mill Park Conceptual Drawing <br /> 17.5 Developer Property Attachment E-1 <br /> 17.6 Developer Property Attachment F <br /> 17.7 Developer Property Attachment G <br /> 17.8 Developer Property Attachment I <br /> [Remainder of page intentionally left blank; signatures begin on following page] <br /> 10 <br />