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00115750.DOC / v. 1 2 WHEREAS, the City and KDP have entered into this Agreement to authorized KDP to perform the KDP ROW Work in the event the Trigger Events occur. NOW THEREFORE, for ten dollars ($10.00) and other good and valuable consideration, the parties agree to the following terms and conditions: 1. The recitals set forth above are restated by this reference. 2. KDP ROW Work. Should the Trigger Events occur, the City agrees that KDP, at KDP’s cost, shall perform the KDP ROW Work and complete same by the Grocery Deadline. The “KPD ROW Work” is that part of the ROW Work that includes the full access (right in/right out/left in/left out) traffic signal and intersection/curb cut/entry apron adjacent to and leading into the KDP Parcel which is located in Lexington Avenue and is labeled as the KDP ROW Work on the Site Plan. For the avoidance of doubt, the KDP ROW Work (a) is only that part of the ROW Work that falls in Lexington Avenue and is labeled as the KPD ROW Work on the Site Plan, (b) does not include the deceleration lane, and (c) includes the work necessary to install a temporary traffic signal. So long as KDP has obtained a building permit for the work it will perform on the KDP Parcel, the City acknowledges and agrees that KDP shall be responsible for obtaining all necessary permits to perform the KDP ROW Work and the KDP ROW Work shall be substantially consistent with the County. The KPD ROW Work shall be performed by KDP in accordance with the plans and specifications generated by the County. The City agrees that its receipt, pursuant to the notice provisions of Section 3 hereinafter, of written notice from KDP that the Trigger Events occurred shall be sufficient evidence that the Trigger Events have occurred and will allow KDP to perform the KDP ROW Work pursuant to this Agreement. 3. Notices. All notices, requests, demands, and other communications required or permitted to be given under this Agreement shall be given in writing (at the addresses set forth below) by any of the following means: (i) personal service; (ii) electronic mail or an attachment to electronic mail in Adobe Systems, Inc. Portable Document Format (PDF); or (iii) delivery by any reputable overnight courier service. Any notice, demand or request sent pursuant to either (i) or (ii) hereof shall be deemed received upon such personal service or upon dispatch by electronic means and if sent pursuant to (iii) hereof shall be deemed received one (1) day following delivery to such courier service. To KDP: Kensington Development Partners, Inc. 700 Commerce Drive, Suite 130 Oak Brook, Illinois 60523 Attn: Dan Rae dan@kensingtondev.com To City: