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Agmt22 Tri-Party Implementation 1548 Maple, LLC
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Agmt22 Tri-Party Implementation 1548 Maple, LLC
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3/29/2022 11:46:13 AM
Creation date
3/29/2022 11:44:48 AM
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Agreement
Contractor Name
1548 MAPLE, LLC
Date
1/28/2022
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2 <br />ATTY/AGR/2022.014.01/TRI-PARTY AGREEMENT <br />REV: 01-25-2022 VR <br />(“Blomquist County Right-of-Way”), and City has agreed to convey to County a fee interest in <br />an approximately 2.52 acre portion (“City Parcel”) of an undeveloped approximately 4.56 acre <br />City-owned parcel at 1469 Maple Street (“City Property”). <br />F.City, County and Developer have entered into an agreement dated on or about the <br />date hereof (“Tri-Party Implementation Agreement”) which, among other things, (i) sets forth <br />terms under which Developer will demolish all buildings and improvements on the County <br />Property, which include a former correctional center, an operating homeless shelter, a portable <br />building and parking facilities, including any buildings and improvements, or portions thereof, <br />located outside of the Blomquist County Right-of-Way, subject to City and County’s agreement <br />to reimburse Developer a pro rata share of the out-of-pocket costs of such demolition; and (ii) <br />provides Developer with temporary construction license rights to utilize portions of the County <br />Property and City Property in connection with Developer’s development of the Project. <br />G.The Parties now desire to revise the Development Agreement to establish a date <br />certain for the County Segment Outside Date and clarify certain related matters. <br />H.Section 9.2 of the Development Agreement authorizes the Parties to enter into <br />Insubstantial Amendments to the Development Agreement without a public hearing. The Parties <br />agree that the Second Amendment is an Insubstantial Amendment to the Development Agreement. <br />NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth <br />herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: <br />A G R E E M E N T S <br />ARTICLE 1. DEFINITIONS <br />Section 1.1 All capitalized terms used herein shall have the meanings given in the <br />Development Agreement, except as expressly otherwise defined in this Second Amendment. <br />ARTICLE 2. SPECIFIC AMENDMENTS <br />Section 2.1 Subsection 3.3C. of the Development Agreement (Blomquist – Developer <br />and County Segments) is deleted in its entirety and replaced with the following (deletions shown <br />in strike out; additions shown as double underlined): <br />“C. Blomquist –Developer and County Segments. Subject to the terms of this <br />Section 3.3C, Developer, at its expense, shall construct or cause the construction of the <br />Blomquist–DeveloperSegmentandtheportionsoftheBlomquistStreetExtensionlocated <br />on the County-owned parcel designated as APN 050-532-020 and APN 052-532-030 and <br />on the adjacent improved, but substandard, City-owned Maple Street right-of-way located <br />between the Blomquist – City Segment and U.S. Highway 101(collectively, the <br />“Blomquist – County Segment”) as depicted on Exhibit C. The Parties acknowledge that <br />the Blomquist – Developer Segment and Blomquist – County Segment are linked in that <br />construction of one segment, without the other, would not serve the interests of the City or <br />its residents or the inhabitants of the Project. The Parties further acknowledge that
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