Agenda - Council Work Session - 01/11/2016

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Exhibit C, Exhibit C-1 and Exhibit C-2 attached to the Contract are deleted in their entirety and Exhibit C attached to this Amendment is substituted in its place. Exhibit D-1 and Exhibit D-2 attached to the Contract are deleted in their entirety and the Exhibit D-1 and Exhibit D-2 attached to this Amendment is substituted in their place. 5. Article 1(E) is hereby added to the Seller's Work Rider to read as follows: "E. Signage: Seller will construct the Project Entry Sign and the Project Gateway Sign (collectively, the "Signs") in conformance with Exhibits D-1 and D- 2. Notwithstanding anything contained in this Amendment or the Contract to the contrary, if Seller constructs the Signs in conformance with Exhibits D-1 and D-2, Purchaser will, within 30 days after Purchaser's receipt of a reasonably detailed written invoice from Seller, reimburse Seller for one-third of the total reasonable costs Seller incurs to construct the Signs; provided, however, if Seller does not complete construction of the Signs on or before the date sixty (60) days after Purchaser's Footings Installation Date (defined hereafter), Purchaser may complete the construction of the Signs in conformance with Exhibits D-1 and D-2 and Article 7 of this Amendment. Purchaser will not be liable to Seller for any reimbursement of Seller's costs associated with any incomplete, untimely or unsatisfactory construction of the Signs by Seller. This provision survives closing and will not merge with the deed." 6. Article 1(F) is hereby added to the Seller's Work Rider to read as follows: "F. Lighting: Seller and Purchaser acknowledge that the lighting of the Private Access Roads may not be sufficient for Purchaser's intended use of the Premises until Lot 1, Block 1, COR TWO and Lot 3, Block 1, COR TWO, is developed and businesses are operating on said Lots 1 and 3. Prior to Purchaser opening its business to the public on the Premises, Seller will install temporary lighting in the locations shown on Exhibit F, attached (the "Temporary Lighting"), so that the portion of the Private Access Roads depicted on Exhibit F is clearly visible, and Seller will maintain and operate the Temporary Lighting pursuant to the terms of this Amendment at Seller's sole cost and expense until the earlier of: (i) the date such Temporary Lighting is replaced with permanent lighting on Lot 1 and Lot 3, or (ii) businesses are operating on Lots 1 and 3. Furthermore, so long as Seller owns said Lots 1 and 3, Seller grants to Purchaser the right to install, at Purchaser's cost, and at Purchaser's discretion, additional lighting on Lot 1 and/or Lot 3, as applicable. Notwithstanding the foregoing, if the Temporary Lighting is replaced with permanent lighting or a business opens to the public on either Lot 1 or Lot 3, the Temporary Lighting required under this Article will no longer be required for such Lot (however, if one Lot has a business open to the public, this does not excuse the other Lot from maintaining its Temporary Lighting pursuant to this Amendment unless and until such time as there is a business open to the public on that Lot). This provision survives closing and will not merge with the deed." 7 The second paragraph of Article 5 of Seller's Work Rider is deleted in its entirety and the following substituted in its place: Document#:5 830971 v 12 Document #: 1273065-v6