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AMENDMENT NO.3 TO <br />AGREEMENT NO. C-53583 <br />1 WHEREAS, AUTHORITY and the CITY mutually agree to modify Exhibit B "Project Scope" to <br />2 include additional language to address design and construction permits to be issued prior to completion <br />3 of the required lot consolidation process; and <br />4 WHEREAS, AUTHORITY and the CITY mutually agree to include added indemnification <br />5 language limited to permits issued prior to completion of the lot consolidation process; and <br />6 WHEREAS, the CITY's City Council approved this Amendment No. 3 on <br />7 and <br />8 NOW, THEREFORE, it is mutually understood and agreed upon by the AUTHORITY and CITY <br />9 that the Agreement is hereby amended in the following particulars only: <br />10 1. Amend Exhibit B, "Project Scope" to incorporate Exhibit B, "Project Scope, Amendment <br />11 No. 3", which is attached hereto and by this reference, made part of the Agreement. <br />12 1 2. The AUTHORITY's indemnification obligation appearing in Section 9.13. of the <br />13 original Agreement No. C-5-3583 shall be extended to include any and all liabilities, actions, suits, <br />14 claims, demands, losses, costs, judgements, arbitration awards, settlements, damages, demands, <br />15 orders, penalties and expenses including legal costs and attorney fees incurred by the CITY in <br />16 connection with or arising from CITY's issuance of any design, construction, grading, or building permit <br />17 hereunder, prior to completion of the lot consolidation process. <br />18 / <br />19 / <br />20 / <br />21 / <br />22 / <br />23 / <br />24 / <br />25 / <br />26 / <br />Page 2 of 3 <br />L:\Camm\CLERICAL\WORDPROCW GREEIAMENDW M353583.docx <br />