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<br />'1..~ <br /> <br />termination of pavement until the full length of <br />Centennial Court is completed. Subdivider shall complete <br />the extension of Centennial Court from Centennial Parkway <br />by DeGember )1, 199~ AUGUST 31, 1996 or by such earlier <br />date as the Planning Director of the City of Louisville <br />may reasonably determine. Subdivider shall, after <br />approval of this amendment by the Louisville City <br />Council, promptly submit to the City an Improvement <br />Guarantee as required by this Subdivision Agreement for <br />completion of such extension." <br /> <br />2. Pursuant to Paragraph 9.4 of the Subdivision Agreement, <br />the City of Louisville consents to the transfer, assignment and <br />delegation to Homart Development Co., a Delaware corporation, of <br />the obligations and duties of the Subdivider under Paragraph 8.2 of <br />the Subdivision Agreement, as described in the Agreement between <br />the Subdivider and Homart, a copy of which is attached hereto and <br />incorporated herein by this reference. The Mayor is hereby <br />authorized to sign the "Consent to Assignment" appearing on page 3 <br />of the attached Agreement. <br /> <br />3. Pursuant to Paragraph 9.4 of the Subdivision Agreement, <br />Subdivider and its respective successors and assigns (other than <br />Homart Development Co., a Delaware corporation, the assuming <br />party), is released from any further obligations and duties under <br />Paragraph 8.2 of the Subdivision Agreement effective at such time <br />as Homart Development Co., a Delaware corporation, lawfully assumes <br />those obligations and duties, and Subdivider is further released <br />from its Improvement Guarantee obligations in the Subdivision <br />Agreement with respect to Paragraph 8.2 only. The Subdivision <br />Agreement is hereby modified to release Lot 1, Block 1, Centennial <br />Valley Business Park Filing No.3, Boulder County, Colorado from <br />the terms, conditions, duties, obligations and burdens of Paragraph <br />8.2 of the Subdivision Agreement, effective at such time as Homart <br />Development Co., a Delaware corporation, lawfully assumes those <br />terms, conditions, duties, obligations, and burdens. Homart <br />Development Co., a Delaware corporation, will be deemed to have <br />lawfully assumed those terms, conditions, duties, obligations and <br />burdens at such time as the Agreement attached hereto has been <br />fully executed, with a copy thereof filed with the City. <br /> <br />4. Subdivider's approval of the foregoing amendments to the <br />Subdivision Agreement shall be given by signing this Resolution ln <br />the spaces provided below. 11_ A' <br /> <br />PASSED AND ADOPTED this /9J..A day of ~ , 1995. <br /> <br />~- ------ <br />(~0~,~ . <br />Tom Davldson, Mayor <br /> <br />2 <br />