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Ord. 2557
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Ord. 2557
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Last modified
12/23/2025 1:35:18 PM
Creation date
12/23/2025 1:35:12 PM
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Template:
CC Index
CC Index - Document Type
Ordinance
Meeting Type
Regular
Agency Type
City Council
Date
12/22/2025
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<br />ATTY/ORD.0013/CC ORD 1548 MAPLE DA 4TH AMENDMENT – EXHIBIT A <br />REV: 11-24-25 VR <br />Page 5 of 14 <br />delay the issuance or approval of a building permit, certificate of occupancy, or other <br />Project Approval. Regardless of whether City succeeds in its efforts to timely obtain <br />County Authorization and complete the Abatement Work, Developer shall be obligated, <br />prior to the County Segment Outside Date, to produce construction and engineering <br />drawings in forms acceptable to City such that City may construct or cause the construction <br />of Blomquist – Developer Segment and Blomquist – County Segment at a later date. If <br />City is able to obtain the County Authorization and complete the Abatement Work by the <br />County Segment Outside Date then, tTo ensure that the construction of the Blomquist – <br />Developer Segment and Blomquist - County Segment is coordinated and appropriately <br />phased with the Project, Developer shall commence complete construction of the <br />Blomquist – Developer Segment and Blomquist - County Segment on or before the later <br />of (i) ninety (90) days following the date City notifies Developer that City has obtained the <br />County Authorization and completed the Abatement Work, or (ii) issuance of the certificate <br />of occupancy for the first residential unit (other than temporary certificates of occupancy <br />for one townhome building containing model residential units), or such later date as <br />mutually agreed to by the Parties in writing. Developer shall substantially complete the <br />Blomquist - Developer Segment and Blomquist – County Segment within eighteen (18) <br />months after commencement of construction. Notwithstanding anything to the contrary in <br />this Section 3.3.D, in no event shall Developer be required to commence construction of <br />the Blomquist – Developer Segment and Blomquist - County Segment if Developer, after <br />best efforts, is unable to obtain or maintain all required permits and authorizations for such <br />work from regulatory agencies including the U.S. Army Corps of Engineers (the “Non- <br />County Authorizations”). <br />(1) Abatement Force Majeure Events. Notwithstanding the foregoing, <br />if the City is rendered unable, wholly or in part, by an Abatement Force Majeure Event <br />(defined below) to complete the Abatement Work by the County Segment Outside Date set <br />forth above, then the obligations of the City, so far as they are impacted by such Abatement <br />Force Majeure Event, shall be suspended during the continuance of any inability so caused <br />and the term and deadlines for such performance set forth in Section 3.3C shall be extended <br />by that same period of time, and such cause shall so far as possible be remedied within a <br />reasonable time. The term “Abatement Force Majeure Event” as employed in this <br />Agreement shall mean acts of God, strikes, lockouts, or other disturbances, acts of public <br />enemies, wars, blockades, insurrections, riots, epidemics, landslides, lightning, <br />earthquakes, fires, storms, floods, washouts, interruptions by government not due to the <br />fault of the City, civil disturbances, explosions, or unforeseeable action or nonaction by <br />governmental bodies in approving the applications for approvals or permits, or any material <br />change in circumstances arising out of legislation, regulation, or litigation, or other events <br />beyond the reasonable control of the City despite diligent and commercially reasonable <br />efforts by the City to address such circumstances to avoid unforeseen delay. Any extension <br />of the time for the City to complete the Abatement Work due to an Abatement Force <br />Majeure Event shall run from the time of commencement of the Abatement Force Majeure <br />Event, but only if written notice is delivered by the City to the Developer within thirty (30) <br />days following discovery of the commencement of the cause of such Abatement Force <br />Majeure Event, and shall continue for the period of time that such Abatement Force <br />Majeure Event materially impacts the City’s ability to complete the Abatement Work under
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