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<br /> <br /> <br /> <br /> <br /> <br /> King's Day Care Property and that it expects to acquire the King's Day Care Property by <br /> June 30, 2010. <br /> 3. Project Construction Schedule. Section 3.3.1 of the Redevelopment Agreement <br /> is hereby deleted in its entirety and the following inserted in its place: <br /> <br /> 3.3.1 Project Construction Schedule. 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 /> delayed by reason offorce majeure, as provided in Section 7.6: <br /> <br /> Activi RPA-1 Time for Performance RPA-2 Time for Performance <br /> <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 /> <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 /> <br /> 4. Ratification and Approval. Except as amended hereby, the Redevelopment <br /> Agreement is and shall remain in full force and effect in accordance with the provisions thereof. <br /> <br /> 5. Counterparts. This First Amendment may be executed in multiple counterparts, <br /> each of which shall constitute one and the same instrument. <br /> <br /> 6. Conflicting Provisions. 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 /> <br /> [Remainder of page intentionally blank. Signature pages follow.] <br /> <br /> <br /> <br /> <br /> <br /> <br /> -2- <br />