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• Decatur—06G0023 c8 -final
<br /> ' 10/19/O5, 10/20/05,10/21/O5, 10/24/O5, 11/11/O5, 12/20/O5, 1l31/06
<br /> l. Initial Plans. Within 30 days after the Effective Date, using the conceptual site plan shown on
<br /> Exhibit "A-3", and Exhibit "A-4", Seller will provide Buyer with a copy of Seller's fully engineered site plan,
<br /> grading and drainage plan, utility plan, landscaping plan, lighting plan and imgation plan for Seller's Post-
<br /> Closing Work (individually and collectively, "Initial Plans"), for Buyer's review and reasonable approval. If the
<br /> parties are unable to agree upon the Initial Plans within 30 days after Buyer's receipt, then Buyer will have the
<br /> right to terminate this Agreement at any time thereafter until agreement is reached.
<br /> 2. Seller is the governmental authority for approving the Initial Plans agreed to by the parties
<br /> ("Development Plans"). If the Development Plans comply with the current building codes and the P.U.D.
<br /> ordinance (as modified per Item 3 of Part A above), then Seller will issue permits for the Development Plans and
<br /> Seller's Post-Closing Work;
<br /> 3. Seller will vacate or relocate the 15' public utility easement located on the south side of the
<br /> Property, and any lines contained therein, to an area mutually acceptable to Buyer and Seller that is further away
<br /> from the location of the proposed building that Tenant intends to construct on the Property. If the foregoing is
<br /> complete as of the Effective Date, Seller will provide reasonable evidence thereof to Buyer.
<br /> PART C - SELLER'S POST-CLOSING WORK (TO BE PERFORMED WITHIN THE TIME FRAMES SET
<br /> FORTH BELOW)
<br /> Seller will complete the work, at its sole cost, described below ("Seller's Post-Closing Work").
<br /> Completion occurs upon (i) Buyer's receipt of an original certification, signed and sealed by a licensed engineer
<br /> certifying to Buyer that Seller's Post-Closing work has been completed in accordance with this Agreement, and
<br /> (ii) acceptance by Buyer. Seller shall not allow any mechanic's or materialman's liens to be filed against the
<br /> Property in connection with Seller's Post-Closing Work; if any are filed, Seller will take appropriate steps so that
<br /> a bond is issued to remove the potential cloud on title.
<br /> 1. Within 60 days after Seller's receipt of Buyer's notice that it will commence construction, subject
<br /> to delays caused by force majeure, Seller will bring utilities (electricity, water, telephone, cable and sanitary
<br /> sewer) stubbed to locations on the Property as shown on Exhibit "A-2" and in capacities sufficient for the
<br /> Contemplated Use. Seller will also install and stub to the Property line the storm drainage lines, pipes and any
<br /> appurtenant systems required for the Property in accordance with the Development Plans. Minimum utility
<br /> requirements appear in Exhibit"B" Seller will grant all easements required for the use and servicing of utilities to
<br /> the Property. (Buyer will pay utility tap-in fees.)
<br /> 2. Within 90 days after Seller's receipt of Buyer's notice that it will commence construction, Seller
<br /> will construct the parking area of that portion of the Center shown within the area outlined in bold on Exhibit"A-
<br /> 4" (which area shall contain a sufficient number of parking spaces so that the total amount of spaces within this
<br /> area, combined with the number of parking spaces to be constructed on the Property, equals no less than 135
<br /> parking spaces)in accordance with the govemmentally approved Development Plans, including but not limited to
<br /> the installation of paving, curbing, striping, lighting, landscaping and irrigation, and shall be referred to as the
<br /> "Overflow Parking Area". However, if satisfaction of all conditions under this Agreement occurs at such a time
<br /> that Closing will occur between October 1 of one year, and April 1 of the following year,then Seller will have the
<br /> right to notify Buyer in writing that Seller has chosen to delay construction of the parking area so that it will not
<br /> be completed until 90 days after April 1. In such event,Buyer, by written notice to Seller, may postpone Closing
<br /> until April 1 (or the next succeeding business day if April 1 is not a business day).
<br /> The Provisions of this Rider Part C shall survive Closing.
<br />, PART D-ADDITIONAL PROVISIONS
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