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C Public Art Locational Plan 2.5 D Remaining Offsite Mitigation Measures 5.3 4. GENERAL PROVISIONS. 4.1 Amendment and Restatement. This First Amendment amends, restates and supersedes the Amended Agreement only as explicitly set forth herein, and only as it relates to the Sky Lofts Property. In all other respects, the Amended Agreement shall remain in full force and effect. 4.2 Sky Lofts Property Exclusively Subject to the First Amendment. Until released pursuant to the provisions of Section 8.6 below, no property shall be released from this First Amendment until Owner has fully performed its obligations arising out of the First Amendment. 4.3 Effective Date; Duration of First Amendment. (1) The "Effective Date" of this First Amendment shall be the date that the City Council ordinance adopting this First Amendment becomes effective, which date is thirty (30) days after the City Council meeting at which such ordinance is adopted, unless it or Ordinance No. NS- (the amendment to SD-59) is the subject of a referendum which has received a prima facie sufficient number of signatures, or unless its effective date is stayed by order of a court of competent jurisdiction. (2) The term of this First Amendment shall for seven (7) years from the Effective Date ("Initial Term"); provided, however that the Owner may request a single three- year extension ("Extended Term") from the Executive Director of the Planning and Building Agency, which request shall not be unreasonably denied. Nothing herein is intended nor shall it be interpreted to extend the period of validity of any approval issued in conjunction with the City's Development Project Plan process or building permit, beyond local requirement. (3) Pursuant to Section 66452.6(a) of the California Subdivision Map Act, the term of Tentative Tract Map No. 14230, including any Iot line adjustment or merger of lots (or any other tentative map approved by the City relating to the Sky Lofts Property subsequent to the Effective Date of this First Amendment), shall not expire during the term of this Development Agreement remains in effect. (4) Notwithstanding subsections (2) or (3) hereof, if, at the end of the original or any modified term, the Sky Lofts Property is in the process of being developed, the term of this First Amendment shall be further extended until such construction in process is completed, not to exceed an additional three years after expiration of the original or modified term. 75A-189