15-2793 Second Amendment to Acquisition Agreement & Option to Purchase - Casto Casselberry LLC

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Approval Deadline May 19, 2015(PSP, Overlay & January 25, 2016 Sec. 2.2 Site Plan) Inspection Period March 5, 2015 December 15, 2015 Sec. 4.3 The Parties agree that the New Due Dates referenced above shall automatically be extended 30 days if these deadlines are not met, and the Parties shall continue to proceed until each item is satisfied or until a written request for termination is provided by either Party. To the extent that the last day of any time period stipulated in the Agreement or this Amendment falls on a Saturday, Sunday or legal holiday (State or Federal), the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. 3. The Parties agree that section 2.4(ix) is hereby amended to read as follows: 2.4 (ix) Access, utilities, stormwater, signage, temporary construction, and other easements over portions of the City Property, the Commercial Parcels and the Residential Property as may be reasonably necessary for the construction, development and use of the Commercial Parcels, the Residential Parcel, the Project Improvements and the Public Amenities, in form and content acceptable to the City, Casto and Integra in their reasonable discretion (collectively, the "Project Easements "). The Project Easements shall be executed and recorded within 180 days after eenetwently w itb the Initial Takedown Closing and shall be superior in priority to all mortgages, liens and other security interests encumbering the applicable burdened property. With respect to access easements over portions of the Commercial Parcels serving the Public Amenities, the parties acknowledge and agree that such access is intended to permit and provide for loading and unloading for events within the Public Amenities, maintenance of the Public Amenities, pedestrian access to the Public Amenities as described in Section 2.5, and the general use of operation of the Public Amenities, subject to reasonable terms and conditions as to the location and use of such access easements so as to not unreasonably interfere with the use and operation of the Commercial Parcels for their intended commercial purposes. The stormwater easement(s) benefiting the South Village Commercial Parcel shall include reasonable terms and conditions governing the management and transmission of stormwater from the South Village Commercial Parcel to the Public Amenities /City Property. Any temporary construction easement(s) granted to the City and /or the CMR for portions of the Project Improvements to be constructed or installed on the Initial Takedown Parcels shall include reasonable terms and conditions pursuant to which the City and /or the CMR will comply with all federal, state or local laws, regulations, ordinances, permits and approvals relating to stormwater discharges or the control of erosion or sediment discharges from construction projects, including, without limitation: (w) compliance with the NPDES General Permit for Stormwater Discharges Associated with Construction 2