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CC PACKET 06252024
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CC PACKET 06252024
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6/21/2024 9:11:39 AM
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the completion of the Plan A Improvements on the Phase I Property have taken place or are <br />otherwise hereby waived; (c) from and after the Effective Date, all remaining requirements relating <br />to the Plan A Improvements shall be the sole obligation and responsibility of the Phase II Developer <br />and Owner; (d) the Phase I Owner agrees to cooperate with the Phase II Developer and Owner to <br />grant such temporary construction easements necessary for the Phase II Developer and Owner to <br />complete the Plan A Improvements relating to the Phase II Property; (e) from and after the <br />Effective Date, the Plan A Security may be reduced to $25,000; and (f) upon full completion of the <br />Plan A Improvements, all Plan A Security shall be returned to the Phase II Developer and Owner. <br />3.Completion of Plan B Improvements; Release of Plan B Security; Termination of <br />Temporary Construction Easements; Vacation of Drainage and Utility Easement. The Parties <br />hereby acknowledge and agree that (a) the Plan B Improvements have been completed in their <br />entirety in accordance with the Original Agreement; (b) the City shall release all Plan B Security <br />to the Phase I Developer within thirty (30) days after the Effective Date of this Agreement; (c) all <br />temporary construction easements contained in the Original Agreement encumbering the Phase I <br />Property and/or Phase II Property and relating to the construction of the Plan B Improvements are <br />hereby terminated; (d) the City has taken all steps necessary to vacate the drainage and utility <br />easement depicted on Exhibit C attached hereto and incorporated herein by reference; and (e) all <br />bonding requirements relating to the Plan B Improvements are no longer required given the <br />passage of time since completion of the Plan B Improvements. <br />4.Completion of the Work relating to the Phase I Property. The Parties hereby <br />acknowledge and agree that all other Work required by the Original Agreement relating to the <br />Phase I Property has been completed in its entirety in accordance with the Original Agreement and <br />that all remaining Work (with the exception of any Work secured by the Existing Escrow (defined <br />below) and the maintenance obligations set forth in Section 5 below) shall be the obligation of the <br />Phase II Developer and Owner. <br />5.Ongoing Maintenance Requirements. Notwithstanding anything to the contrary <br />contained herein or in the Original Agreement, the Parties hereby acknowledge and agree that (a) <br />all ongoing maintenance requirements required by the Original Agreement relating to the Phase I <br />Property shall from and after the Effective Date of this Agreement be performed by the Phase I <br />Owner, except to the extent such maintenance is caused by the gross negligence, willful <br />misconduct, grossly negligent or willful omission of the Phase II Developer and Owner, in which <br />event the Phase II Developer and Owner shall reimburse the Phase I Owner for the reasonable cost <br />of such maintenance; (b) all ongoing maintenance requirements required by the Original <br />Agreement relating to the Phase II Property shall from and after the Effective Date of this <br />Agreement be performed by the Phase II Developer and Owner, except to the extent such <br />maintenance is caused by the gross negligence, willful misconduct, grossly negligent or willful <br />omission of the Phase I Owner, in which event the Phase I Owner shall reimburse the Phase II <br />Developer and Owner for the reasonable cost of such maintenance. <br />64
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