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for third -party expenses associated with the Capital Improvements and to assume the obligation of <br />the Owner to pay the City of Colton when due the City Permit Costs; and <br />WHEREAS, on February 5, 2002, the Agency approved Amendment No. 1 to the <br />2000 Relocation Settlement and Release Agreement (the 2000 Relocation Settlement and Release <br />Agreement as so amended being hereinafter referred to as the "Agreement") to provide (i) that the <br />Agency remain obligated, through August 1, 2002, to pay to the Owner an amount not to exceed <br />Seventy Five Thousand Dollars ($75,000.00) for third -party expenses associated with the Capital <br />Improvements and to assume the obligation of the Owner to pay the City of Colton when due the City <br />Permit Costs and (ii) that in the event the installation of the Capital Improvements had not been <br />completed on or prior to August 1, 2002, the Agency would, upon written request therefor of the <br />Owner, review the status of work completed through July 1, 2002, and decide, in its sole and absolute <br />discretion, whether or not to extend through January 31, 2003, the obligation of the Agency to pay <br />to the order and account of the Owner an amount not to exceed Seventy Five Thousand Dollars <br />($75,000.00) for third -party expenses associated with the Capital Improvements and to assume the <br />obligation of the Owner to pay the City of Colton when due the City Permit Costs; and <br />WHEREAS, as of August 1, 2002, the installation of the Capital Improvements has <br />not been completed; and <br />WHEREAS, pursuant to the Agreement, the Owner submitted a written request to <br />the Agency to review the status of work completed through July 1, 2002 and to extend through <br />January 31, 2003, the obligation of the Agency to pay to the order and account of the Owner an <br />amount not to exceed Seventy Five Thousand Dollars ($75,000.00) for third -party expenses associated <br />with the Capital Improvements and to assume the obligation of the Owner to pay the City of Colton <br />when due the City Permit Costs; and <br />WHEREAS, the Agency has reviewed the status of work completed through July 1, <br />2002, and is willing to extend through January 31, 2003, the obligation of the Agency to pay to the <br />order and account of the Owner an amount not to exceed Seventy Five Thousand Dollar ($75,000.00) <br />for third -party expenses associated with the Capital Improvements and to assume the obligation of <br />the Owner to pay the City of Colton when due the City Permit Costs. <br />NOW, THEREFORE, in consideration of the premises and such other good and <br />valuable consideration, receipt of which is acknowledged by the parties, the parties hereto agree as <br />follows: <br />Section 1. Except as hereby amended, the Agreement is in all respects ratified and <br />confirmed and all of the terms, provisions and conditions thereof shall be and remain in full force and <br />effect. <br />SB2002:28305.1 2 <br />