Reso25-08 0106 PC Reso 1548 Maple DA 4th Amendment

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Authorization and complete the Abatement Work. In no event shall the status of negotiations with the County or the lack of the County Authorization be a basis to deny or delay the issuance or approval of a building permit, certificate of occupancy, or other Project Approval. Regardless of whether City succeeds in its efforts to timely obtain County Authorization and complete the Abatement Work, Developer shall be obligated, prior to the County Segment Outside Date, to produce construction and engineering drawings in forms acceptable to City such that City may construct or cause the construction of Blomquist – Developer Segment and Blomquist – County Segment at a later date. If City is able to obtain the County Authorization and complete the Abatement Work by the County Segment Outside Date then, tTo ensure that the construction of the Blomquist – Developer Segment and Blomquist - County Segment is coordinated and appropriately phased with the Project, Developer shall commence complete construction of the Blomquist – Developer Segment and Blomquist - County Segment on or before the later of (i) ninety (90) days following the date City notifies Developer that City has obtained the County Authorization and completed the Abatement Work, or (ii) issuance of the certificate of occupancy for the first residential unit (other than temporary certificates of occupancy for one townhome building containing model residential units), or such later date as mutually agreed to by the Parties in writing. Developer shall substantially complete the Blomquist - Developer Segment and Blomquist – County Segment within eighteen (18) months after commencement of construction. Notwithstanding anything to the contrary in this Section 3.3.D, in no event shall Developer be required to commence construction of the Blomquist – Developer Segment and Blomquist - County Segment if Developer, after best efforts, is unable to obtain or maintain all required permits and authorizations for such work from regulatory agencies including the U.S. Army Corps of Engineers (the “Non- County Authorizations”). (1)Abatement Force Majeure Events. Notwithstanding the foregoing, if the City is rendered unable, wholly or in part, by an Abatement Force Majeure Event (defined below) to complete the Abatement Work by the County Segment Outside Date set forth above, then the obligations of the City, so far as they are impacted by such Abatement Force Majeure Event, shall be suspended during the continuance of any inability so caused and the term and deadlines for such performance set forth in Section 3.3C shall be extended by that same period of time, and such cause shall so far as possible be remedied within a reasonable time. The term “Abatement Force Majeure Event” as employed in this Agreement shall mean acts of God, strikes, lockouts, or other disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, interruptions by government not due to the fault of the City, civil disturbances, explosions, or unforeseeable action or nonaction by governmental bodies in approving the applications for approvals or permits, or any material change in circumstances arising out of legislation, regulation, or litigation, or other events beyond the reasonable control of the City despite diligent and commercially reasonable efforts by the City to address such circumstances to avoid unforeseen delay. Any extension of the time for the City to complete the Abatement Work due to an Abatement Force Majeure Event shall run from the time of commencement of the Abatement Force Majeure Event, but only if written notice is delivered by the City to the Developer within thirty (30) days following discovery of the ATTY/RESO.0106/PC 1548 MAPLE DA 4TH AMENDMENT - EXHIBIT B 11-13-25 VR Page 5 of 12