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<br />3. Article IX is amended by adding the following subsection: <br />Section 9.2 (c) If Developer defaults on its obligation under Paragraph 3.5, the City may <br />abandon the condemnation proceeding (to acquire the Shopping Center Parcel]. Any costs <br />incurred by the City, including any amounts the City is obligated to pay to owners named in the <br />condemnation petition or other individuals or entities for attorneys fees, appraisal fees, <br />relocation payments and other costs [or damages] shall be considered {a <br />[Acquisition Costs]. <br />4. Except as amended by this document, all other terms and conditions of the Agreement <br />remain in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to <br />• Development Agreement on the day and year first above written. <br />CITY OF FALCON HEIGHTS <br />By: <br />Susan L. Gehrz, Mayor <br />By: <br />U <br />Heather M. Worthington <br />City Administrator/Clerk <br />FALCON HEIGHTS TOWN SQUARE <br />LIMITED PARTNERSHIP <br />By: Sherman Associates, Inc. <br />Its: General Partner <br />George E. Sherman, President <br />By: <br />3) <br />