RecDoc 2023-011339 1548 Maple St.Subdivision Improvement Agmt.

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C. If Developer makes the County/Developer Segments In Lieu Payment, Developer will also promptly (but not later than 30 days after the City's demand therefor) deliver to City full and complete copies (in the form Developer received from preparer) of all construction and engineering drawings, plans and technical data, including surveys, previously prepared by Developer or Developer's consultants or sub -consultants relating to the Blomquist Street Extension (together, "Developer Work Product"). All Developer Work Product shall be provided solely on an "AS IS" basis for use by City or any of its assigns or contractors at their own respective risk. With respect to Developer Work Product, Developer disclaims all WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON - INFRINGEMENT OF THIRD -PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Developer makes no representation or warranty as to the truth, accuracy or completeness of any materials, data or information delivered by Developer to City. City acknowledges and agrees that all materials, data and information delivered by Developer to City pursuant to this Section 3.5.13 are provided to City as a convenience only and that any reliance on or use of such materials, data or information by City shall be at the sole risk of City. Developer does not object to City (in its sole discretion) separately engaging preparers of the Developer Work Product (in their sole discretion) for further services or work relating thereto, at City's sole cost and responsibility (and none to Developer)." Section 2.2 Section 4 of the SIA is deleted in its entirety and replaced with the following (deletions shown in strike out; additions shown as dpub[e underlined): 14. Completion Dates. Developer will complete the Non-Blomquist Work within two-four Q-) � years of the Effective Date i.e. Fg. r r 1 2025. If Developer is able to obtain the Non -County Authorizations and City is able to obtain the County Authorization and comp-leteh rk by the County Segment Outside Date then Developer shall complete construction of the Blomquist Work on or before the date which is eighteen (18) months after the later of (i) ninety (90) days following the date City notifies Developer that City has obtained the County Authorization, or (ii) issuance of the certificate of occupancy for the first residential unit. If, by the County Segment Outside Date, (i) (A) City is unable to either obtain the County Authorization oc complete the Abatement Work or (B) Developer, despite its best efforts, is unable to obtain the Non - County Authorizations; and (ii) Developer has not made the County/Developer Segments In Lieu Payment and transfer of the Developer Work Product to City as provided in Section 3.5.13, then Developer shall complete construction of the Blomquist Work within twenty- one (21) months after the date that all of the foltowing have occurred: "' " ^ bat'--ment Work is comrslete: apd ii the County Authorization has-been obtajngd: and the Non - County Authorizations has have been obtained wh ^ee� is later. Notwithstanding anything to the contrary in this Section 4, as set forth in Section 3.5.13 above, if Developer makes the County/Developer Segments In Lieu Payment and transfers Developer Work Product to City, Developer shall have no obligation to construct or complete the Blomquist Work. All Work shall be completed in a good and workmanlike manner in accordance with accepted design and construction practices and consistent with the Improvement Plans. The above completion dates may be extended by the City Engineer in his or her sole and absolute discretion at the request of Developer, which request will be ATTY/AGR/AMEND. NO.1/FIRST AMEN DM ENT TO SUBDIVISION IMPROVEMENT AGREEMENT REV: 02-03-23 VR Page 5 of 10