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performance or the Term based on any actual or alleged Force Majeure Delay occurring prior to <br />the Amendment Effective Date (defined in Section 6 below) except for the Litigation Period. For <br />the avoidance of doubt, neither Party is waiving any rights it may have with respect to Force <br />Majeure Delay(s) occurring after the Amendment Effective Date. <br />4. Amendment of Section 3.2. The last two sentences of Section 3.2 of the <br />Development Agreement Trail Easement and Bgy Trail Im rovements) are hereby amended and <br />two new final sentences are added as follows (deletions shown in st-• out; additions shown as <br />dau-ble uadfflined): <br />"To ensure that the construction of the Bay Trail Improvements is coordinated and <br />appropriately phased with the Project and t , Developer shall <br />commence construction of the Bay Trail Improvements no later than six (6) months afte <br />the commencement of construction of the &st residential unit fronting t_he TraiI P I <br />, or such later date as mutually agreed <br />to by the Parties in writing. Developer shall substantially complete the Bay Trail <br />Improvements prior to the issuance ofthe last c tjficate of occunancy far a residential unit <br />fronting the Ba Trail Parcel <br />eeanshr-ueettieen. Ci1y shall have the right to withhold the issuance re than the on <br />hundjigd twenty-two122) PrQiect rraid=ial iinit <br />Trail ull cready-for nceptance.re <br />recreational accos and_ public safety. 17eveloper shall, at its cost. maintaia signage at <br />approl2rigte frontage dimaing bic <br />to use the bicycle n iks within the Blomquist Streetand Maple Street rights- <br />-w Bay Irai U m pr..are ful Li om plrte and rcady foE arg n <br />5. Ratification. Except as expressly modified by this Third Amendment, the <br />Development Agreement remains in full force and effect. <br />6. Effective Date and Recordation. The "Amendment Effective Date" of this Third <br />Amendment shall be the date which is thirty (30) days after City Council adoption of the ordinance <br />approving this Third Amendment. The Parties shall cause this Third Amendment to be recorded <br />in the Official Records of San Mateo County within ten (10) days of the Amendment Effective <br />Date. <br />7. Execution in Counterparts. This Third Amendment may be executed in <br />counterparts, each of which shall for all purposes be deemed to be an original; and all such <br />counterparts shall together constitute one and the same instrument. <br />ATTY/AMEND. NO.3/THIRD AMENDMENT TO 1548 MAPLE PROJECT DEVELOPMENT AGREEMENT <br />REV: 04-14-23 VR <br />Page 3 of 6 <br />