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WHEREAS, said alleged noncompliance with respect to the City includes <br />failure to construct the Replacement Improvements by the deadline established <br />by the Permit; and <br />WHEREAS, in order to mitigate damages, including imposition of fines <br />and sanctions by BCDC for failure to comply with the foregoing requirement, the <br />City agreed to construct the Replacement Improvements by June 30, 2001; and <br />WHEREAS, the Replacement Improvements were substantially <br />completed by June 30, 2001, and <br />WHEREAS, pursuant to the terms of the Permit, the City is also required <br />to construct a 1000 foot pathway (the "Pathway Improvements "); and <br />WHEREAS, the Pathway Improvements were not included in the scope of <br />work of the Replacement Improvements; and <br />WHEREAS, BCDC has imposed an October 31, 2001, for the completion <br />of the Pathway Improvements; and <br />WHEREAS, BCDC and City have now reached an agreement regarding <br />the location and the design of the Pathway Improvements; and <br />WHEREAS, the reasonable time required to construct the Pathway <br />Improvements is approximately Fifty (50) calendar days; and <br />WHEREAS, there is insufficient time formally to advertise for bids for the <br />construction of the Pathway Improvements in order to meet the aforesaid <br />schedule and thereby avoid sanctions; and <br />-2- <br />RWC /Comdev <br />RES00829 <br />08/29/01 <br />14377 <br />