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2023. Prior to December 19, 2023, the Remainder, including income derived <br /> from the Remainder, may be used exclusively for the maintenance and <br /> improvement of the Subject Property and adjacent public property. Thereafter, <br /> the City may use the amount in the Fund for any purpose it deems appropriate. <br /> 4) Name of Park. The park located on the Subject Property shall be named Lurton <br /> Park. <br /> 5) Amendment. This Agreement may be amended by written agreement of the City <br /> and the Donor. <br /> 6) Counterparts. This Agreement may be executed in any number of counterparts <br /> or by facsimile, each of which will be deemed to be an original, but all of which, <br /> when taken together, constitute the same instrument. <br /> 7) Effect of the Agreement. This Agreement amends and restates the Post Closing <br /> Agreement and First Amendment. <br /> (signature pages to follow) <br /> 2 <br /> 184956v2 <br />