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King’s Day Care Property and that it expects to acquire the King’s Day Care Property by <br />June 30, 2010. <br /> Project Construction Schedule. <br />3. Section 3.3.1of theRedevelopment Agreement <br />is hereby deleted in its entirety and the following inserted in its place: <br />3.3.1 Project Construction Schedule <br />. The Developer shall commence and complete <br />each of its obligations under this Agreement with respect to the Redevelopment Project in <br />accordance with the following schedule, unless such date for performance of an activity is <br />Section 7.6 <br />delayed by reason of force majeure, as provided in : <br />Activity <br />RPA-1 Time for PerformanceRPA-2 Time for Performance <br />Acquire all Property and close on June 30, 2010. 2 years from the date of the <br />private financing ordinance approving the First <br />Amendment to Redevelopment <br />Agreement. <br />Secure demolition permits and Within 90 days after Kings Day N/A <br />commence demolition of existing Care has vacated its property <br />buildings <br />Commence construction (as Within 210 days after Kings Within 60 days after closing on <br />evidenced by expenditure of at Day Care has vacated its private financing <br />least $250,000 of hard property <br />construction costs) <br />Substantially complete Within 24 months following Within 24 months following <br />construction (as evidenced by commencement of construction commencement of construction <br />City’s acceptance of Certificate <br />of Substantial Completion) <br />Ratification and Approval. <br />4. Except as amended hereby, the Redevelopment <br />Agreement is and shall remain in full force and effect in accordance with the provisions thereof. <br /> Counterparts. <br />5. This First Amendment may be executed in multiple counterparts, <br />each of which shall constitute one and the same instrument. <br /> Conflicting Provisions. <br />6. In the event of any inconsistency between the terms and <br />provisions of the Redevelopment Agreement and this First Amendment, the terms and provisions <br />of this First Amendment shall prevail. <br />[Remainder of page intentionally blank. Signature pages follow.] <br />- 2 - <br /> <br />