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• <br /> 12. Developer shall have received "reliance letters" satisfactory to Developer with respect to the <br /> existing environmental reports relating to the Property. <br /> 13. All appropriate governmental agencies shall have approved of the proposed remediation of the <br /> Property. <br /> Section 4. <br /> Subsection 4.06(a) of Article Four entitled "Construction of Improvements" of Part Two entitled The <br /> Development and Disposition," of the Agreement is hereby amended by deleting Subsection 4.06(a) in its <br /> entirety and replacing it as follows: <br /> (a) To commence construction of the Improvements within twelve (12) months of the date <br /> the building permit is issued and prosecute to completion the construction of the Improvements <br /> within twelve (12) months thereafter. <br /> Section 5. <br /> Section 4.06 entitled "Completion of the Improvements and Use of the Property," of Article Four <br /> entitled "Construction of Improvements," of Part Two entitled "The Development and Disposition," of the <br /> Agreement is hereby amended by adding new Subsection 4.06(d) as follows: <br /> (d) To enter into a storm sewer and access easement agreements with Adjacent <br /> Developer over and across a portion of the Yokota Property to be determined by the mutual <br /> agreement of the Developer and Adjacent Developer for the purposes of providing adequate <br /> storm sewer service and public access to the Yokota Property. <br /> Section 6. <br /> Section 4.14 entitled "DDA with Adjacent Developer," of Article Four entitled "Construction of <br /> Improvements," of Part Two entitled °The Development and Disposition," of the Agreement is hereby amended <br /> by deleting Section 4.14 in its entirety and replacing it as follows: <br /> 4.14 DDA with Adjacent Developer <br /> After the Closing, the Agency agrees to enforce and not to amend or waive Section 4.06 <br /> of the Disposition and Development Agreement between the Agency and Adjacent Developer <br /> without Developer's prior written consent. In the event the Agency exercises its rights pursuant <br /> to Part Three, Section 6.04 of the DDA with the Adjacent Developer to acquire the property <br /> subject to the DDA with Adjacent Developer, or otherwise acquires such property by any other <br /> means, the Agency shall first offer to Developer or its successor in interest the right to purchase <br /> the Property at the fair market value exclusive of inventory, store fixtures and business goodwill, <br /> 3 <br />