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40. <br /> <br />41. <br /> <br />Grading Plan and the Stom~ Sewer Phasing Plan Exhibit [ask Brian]. The <br />Developer may not commence the first phase of the mass grading and <br />storm water management system construction or any subsequent phase of <br />the storm water management system construction until: <br /> <br />(a) the Developer has delivered to the City a letter of credit in <br />accordance with the provisions of Section 12.4 herein. <br /> <br />Section I 1.1 of' the Master Development Agreement is hereby amended to read as <br />follows: <br /> <br />11.1 LANqDSCz-X~PlNG ASSOCIATED WITH CITY PHASE I <br /> <br />ROADWAY IMPROVEMENTS. Subject to Force Majeure, the <br />Developer must commence the installation of the landscaping described in <br />the Phase I Landscaping Plan within sixty (60) days of the City's <br />substantial completion (exclusive of the final lift) of the City Phase I <br />Roadway Improvements, and mast comp'icrc the installation of the <br />landscaping described in the Phase I Landscaping Plan on or before the <br />date 180 days from the City's substantial completion (exclusive of the final <br />lift) of the City Phase I Roadway Improvements. Notwithstanding the <br />foregoing, if the City substantially completes the City Phase I Roadway <br />Improvements between November 1 of any year and May 1 of the <br />r%llowing year, the Developer is not obligated to commence the <br />installation of the landscaping described in the Phase I Landscaping Plan <br />until the following May 1 and is not obligated to complete the installation <br />of the landscaping described in the Phase I Landscaping Plan until the <br />following September 1. Upon the Developer's completion of the <br />landscaping described in the Phase I Landscaping Plan, the Developer <br />must submit to the City a guaranty as required by the Zoning Ordinance. <br /> <br />Section 11.2 of' the Master Development Agreement is hereby amended to read as <br />follows: <br /> <br />11.2 LANDSCAPING ASSOCL~TED WITH CITY PHASE II <br /> <br />ROADWAY IMPROVEMENTS. Subject to Force Majeure, the <br />Developer must commence the installation of the landscaping described in <br />the Phase II Landscaping Plan within sixty (60) days of the City's <br />substantial completion (exclusive of the final lift) of the City Phase II <br />Roadway Improvements and must complete the installation of the <br />landscaping described in the Phase II Landscaping Plan on or before the <br />dare ! $0 daws from the City's substantial completion (exclusive of the final <br />lift) of die City Phase II Roadway Improvements: Notwithstanding the <br />foregoing, if the City substantially completes the City Phase II Roadway <br />Improvements between November 1 of any year and i-VIay 1 of the <br />following year, the Developer is not obligated to commence the <br />installation of the landscaping described in the Phase II Landscaping Plan <br />until the following May 1 and is not obligated to complete the installation <br /> <br />1084445v3 l ~ <br /> <br /> <br />