92-26 First Amendment to Redevelopment Agreement - Revised 3.3.26.pdf

7 4932-5755-6367, v. 1 Date, provided that the Township shall not be responsible for any costs or expenses associated with that early purchase and closing of title and to the extent that such early closing jeopardizes any funding sources that were the basis of any portion of the Township’s contribution to remediation expenses, the Redeveloper shall absorb the same.. 6. Should Redeveloper proceed with the preliminary construction authorized by this First Amendment but Redeveloper does not take title to the Property and does not proceed with the Project, then Redeveloper shall restore the Property to its preconstruction physical condition (meaning removal of its improvements and restoration of topography, to the extent requested by the Township ) at its sole cost and expense. The Redeveloper shall within 60 days of the execution of this agreement post a bond in the form and in the amount that is mutually agreeable between the Township and the Redeveloper. 7. All terms and conditions set forth in the Redevelopment Agreements remain in full force and effect except as modified herein. In the event of a conflict between the terms and conditions of the Redevelopment Agreements and this First Amendment, the terms and conditions of this First Amendment shall control. 8. This Agreement is executed in counterparts, each of which shall constitute one and the same instrument. 9. If any provision of this First Amendment shall be determined to be invalid or unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining portions of this First Amendment, all of which shall remain in full force and effect.