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<br />AGREEMENT <br /> <br />NOW, THEREFORE, the parties hereto agree as follows: <br /> <br />1. <br /> <br />Recitals. <br /> <br />The Recitals set forth above are and incorporated by reference into this <br /> <br />Amendment. <br /> <br />2. <br /> <br />Defini tions. <br /> <br />Capitalized terms used in this Amendment have the meaning given them in <br /> <br />this Amendment or in Exhibit A to the Development Agreement. <br /> <br />3. <br /> <br />Change of Legal Description of the Property. <br /> <br /> <br />The legal description of the Property set forth in Exhibit J to the Development <br /> <br />Agreement is hereby deleted in its entirety and replaced in its entirety to read in the <br /> <br />form of Exhibit D attached hereto and made a part hereof, with the same legal effect <br /> <br />as if it had been originally attached to the Development Agreement. <br /> <br />4. <br /> <br />Continued Landscaping Obligations on Parcel B. <br /> <br />Flatirons, its successors and assigns shall design, obtain design approval, <br /> <br />complete and thereafter maintain, or cause to be designed, approved, completed and <br /> <br />thereafter maintained, landscaping, including without limitation, finished grading, <br /> <br />berming, and irrigation and drainage related thereto (the "Landscaping"), on Parcel <br /> <br />B and the Shoreline Drive Area as required by the Development Agreement and all <br /> <br />City licenses, permits or other entitlements in effect for the Property on the date of <br /> <br />the Development Agreement. If the Landscaping on Parcel B is designed, approved, <br /> <br />completed and maintained in full compliance with the requirements of Section 1 of <br /> <br />-5- <br /> <br />MBW /DAAMEND3.DOC <br />