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■- ■- a 9 1-;• ■1111" 11-1 al ■ ;^ a .■■ <br />■i ■- - ;- ANO "; - ■ , a .1. -W1 1 • li- -1 i. ■ <br />• I' al '! -ll-A • _ ^ 1 'a. -li"1 • . 0 ;. <br />PW <br />LTA L010 101 PrA rt I Cm <br />�•- 'Al' ► - II- - -; <br />B. Subject to the credits and reimbursements described in the First <br />Amendment, if by the County Segment Outside Date City f1iis unable to obtain the County <br />Authorization and completemere rk or CHIDeveloper, despite its best efforts, <br />is unable to obtain the Non -County Authorizations, then Developer, at its sole option, in <br />lieu of constructing the Blomquist Work, may pay to City the County/Developer Segments <br />In Lieu Payment (defined below) which represents the Parties' good faith estimate of the <br />hard costs of constructing the Blomquist Improvements. Developer shall remain obligated <br />to construct the Blomquist Work until the date that Developer makes the <br />County/Developer Segments In Lieu Payment. The "County/Developer Segments In Lieu <br />Payment" shall initially be in the amount of TWO MILL14D 4-4)ME-mi-FOUNDRED TWENTY <br />THREE THOUSAND SIX HUNDRED FOURTEEN- DOLLARS M <br />MILLION THREE HU-WRED SEVENTY-ONE THQUSANp FIVE <br />HUNDRED -THIRTY- <br />EIGHT 2 , provided such amount shall be increased on January 1, <br />202423, and on January 1St of each year thereafter based on increases in the Default <br />Escalator over the prior one-year period. Upon payment of the County/Developer <br />Segments In Lieu Payment and transfer of the Developer Work Product to City as <br />provided in this Section 3.5.B below, Developer shall have no further obligation to <br />construct the Blomquist Work and City shall promptly release to Developer that portion of <br />the performance and labor and materials bonds or other improvement security which <br />Developer has provided to City to secure construction performance and payment of <br />laborers and materialmen with respect to such Blomquist Work. Notwithstanding any <br />other provision hereof to the contrary, the inability of fa City to obtain the County <br />Authorization and complete the Abatement Work or (1 Developer, despite its best efforts, <br />to obtain the Non -County Authorization by the County Segment Outside Date or <br />Developer's exercise of its option to pay the County/Developer Segments In Lieu <br />Payment shall not release Developer from its obligations to (i) convey to City a public <br />right-of-way easement with respect to the Blomquist - Developer Segment, (ii) construct <br />or cause the construction of the Blomquist - City Segment, including the Alternative <br />Offsite Water Line, or (iii) produce and deliver to City construction and engineering <br />drawings in forms acceptable to City for the entirety of the Blomquist Street Extension, <br />including the Blomquist - Developer Segment and the Blomquist - County Segment. <br />ATTY/AGR/AMEND. NO.1/FIRST AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT <br />REV: 02-03-23 VR <br />Page 4 of 10 <br />