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(e) The construction of a 6" sanitary sewer tap at station 20 +33, 39' Rt. of Line 'D' for benefit of developed parcel comprised of items (i) through (iv) in paragraph (d) above. The existing sanitary sewer and storm water utilities along Lafayette Boulevard and South Main Street have adequate capacity to serve a commercial use similar to those already in the immediate area and will be available for connection without disturbing the proposed crossover construction. See Attachment "D" for availability of sanitary sewer and water utilities. (f) The Commission agrees to compensate the Owner in the amount of $79,090.00 based upon the difference in land amount to be ag ined by the Owner in the August 17, 2007 agreement versus the net loss of Owner's land area under the currently approved Plans. The area of transfer is detailed on Attachment "B ". And (2) upon and subject to the following terms and conditions: (a) Owner shall convey by warranty deed: (i) portions of 4223 South Main Street — Key No. 23- 1025 -1431; (ii) a portion of 4315 South Main Street — Key No. 23- 1025 -1434 (iii) a portion of 4319 South Main Street — Key No. 23- 1025 -1349; and, (iv) a portion of 4418 South Lafayette Blvd. — Key No. 23- 1025 -1364. For the purposes of road construction, public right of way, and storm water detention facility as detailed on Attachment "C ". (b) Owner shall grant a right of entry over parcels listed in paragraph (a). Furthermore: (a) With the exception of (i) the asbestos and other environmental testing described in paragraph (a) above and (ii) the survey described in paragraph (f) below, each party shall arrange and bear the cost of any title insurance commitment and /or policy, any survey and any other assessment, study, testing or investigation it may request as to any parcel of real property to be conveyed to it under this Agreement. (b) Each party acknowledges that the other party has made no warranties or representations pertaining to the quality or condition of any parcel of the real estate to be conveyed by it to the other or the presence of any hazardous materials thereon, therein or with respect thereto, and agrees to take title to each such parcel in an "as is" condition, and each party hereby disclaims any warranties, including, without limitation, as to merchantability, fitness for any particular use, or compliance with any environmental laws or with respect to the presence of any hazardous materials thereon, therein or with respect to each such parcel. (c) The parties agree to reasonably cooperate with each other in furtherance of the South Side Area Development Plan, the Crossover Project and the creation of a fully integrated and commercially attractive development site comprising the whole of the Development Block south of the Crossover Project; and in furtherance thereof, the parties commit to preparing and executing an agreement concerning their respective and mutual interests in the future development of the site for retail and /or other commercial purposes, which agreement shall address, among other things, (i) any rezoning, special use permits or variances necessary or useful towards enhancing the use and marketability of the site, (ii) points and means of access, both vehicular and pedestrian, to and from the site, (iii) street and alley vacations, (iv) relocation of utilities and /or utility easements, (v) new easements or licenses, (vi ) environmental issues not addressed or covered through the testing described in paragraph (a) above, (vii) landscaping and buffers, (viii) restrictive covenants and (ix) any other matter or condition concerning the site not inconsistent with the terms of this Amendment to Accepted Counter -Offer or of the Southside Development Master Plan. -2-