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Center, LLC defaults in the performance of its obligation under Section 12.3 of the <br />Master Development <br />1.13 Recital Thirteen Pursuant to Section 7.1 of the Parkland and Trail Plan <br />Agreement, the remedy provisions found in Article 15 of the Master Development <br />Agreement apply to the Parkland and Trail Plan Agreement <br />1.14 Recital Fourteen The City Council of the City (the "City Council ") <br />authorized the termination of the Master Development Agreement and the Parkland and <br />Trail Plan Agreement by resolution No. 09 -06- dated June 23, 2009. A <br />Certified Copy of the Resolution is attached as Exhibit B. <br />1.15 Recital Fifteen The purpose of this Agreement is to document the <br />termination of the Master Development Agreement and the Parkland and Trail Plan <br />Agreement as authorized by the City Council. <br />2. Termination The City hereby terminates the Master Development Agreement <br />and the Parkland and Trail Plan Agreement pursuant to Section 15.3 of the Master Development <br />Agreement and Section 7.1 of the Parkland and Trail Plan Agreement. <br />3. Affect on Other Documents The Parking Improvement Agreement and the <br />Secondary Development Agreements, Allocation Agreements and Escrow Agreements are not <br />terminated and are not otherwise affected by the termination of the Master Development <br />Agreement and the Parkland and Trail Plan Agreement. <br />(Signatures on following pages) <br />2366502v2 3 <br />