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2. Section 2 of the Development Agreement is amended as follows: <br />a. The Plans defined within this Amendment No. 1 shall be used to construct the <br />retaining wall and concrete cross gutter improvements in lieu of the Plans <br />identified within the Development Agreement. <br />b. The PERMITTEE agrees to complete the construction of the Center Street <br />Improvements no later than September 3, 2021, to avoid conflicts with the <br />CITY's Happy Days event. <br />c. All costs to construct the Center Street Improvements shall be shared by the parties <br />as follows: <br />i. PERMITTEE agrees to pay for all costs to construct the retaining <br />wall and concrete cross gutter improvements, including the <br />proportionate share of mobilization costs, in an amount not to <br />exceed $12,410.85 as based on the estimated costs in EXHIBIT B. <br />ii. CITY agrees to pay for all costs to construct the concrete sidewalk, <br />boulevard, and street improvements, including the proportionate <br />share of mobilization costs, in an amount not to exceed $141,740.15 <br />as based on the estimated costs in EXHIBIT B. <br />d. The terms and conditions of the Development Agreement shall remain in effect <br />except to the extent modified by this Amendment No. 1. To the extent there is a <br />conflict between this Amendment No. 1 and the Development Agreement, this <br />Amendment No. 1 shall govern. <br />[The remainder of this page is intentionally left blank.] <br />2 <br />