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(d) Unless otherwise agreed by the parties, all Parcels of real property to be conveyed by one party to the other shall be conveyed by that party no later than thirty (30) days following the receipt of all approvals by or on behalf of the Board and /or the Commission necessary to accept and consummate the transactions contemplated by this agreement with the exception of the Excess Crossover Project Parcels and the Excess Relocation Parcel which shall be conveyed to the Owner no later than thirty (30) days following delivery to Owner of the survey described in paragraph (f) below. (e) Owner shall have the right to assign this agreement and all rights and benefits hereunder, provided (i) Owner undertakes such measures as are reasonably acceptable to the City to cause or effect the conveyance of the 4223 Main Street Property to the Board pursuant to the terms provided herein, (ii) Owner's assignee assumes in writing all other obligations of the Owner hereunder, and (iii) the assignee agrees to use the Parcels for purposes of commercial /retail development. (f) Once the Crossover Project, including the relocation of that portion of Lafayette Blvd. extending south to Ireland Road, has been completed, the City, at its cost, will provide Owner with an ALTA/ASCM survey describing the boundaries of the whole of the Development Block south of the Crossover Project. (g) In the event this Amendment to Accepted Counter -Offer is not accepted by the Owner, with all requisite approvals therefore obtained, on or before this Amendment to Accepted Counter -Offer shall automatically become null and void. IN WITNESS WHEREOF, this Amendment to Accepted Counter -Offer is made and executed this Date: Date: Gary A. Gilot Kathryn E. Mark W. Neal day of 2013. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION M SOUTH BEND BOARD OF PUBLIC WORKS Donald E. Inks Michael C. Mecham Date ACCEPTANCE OF COUNTER OFFER Gates and Gates Realty, LLC hereby accepts the above - described Amendment to Accepted Counter -Offer made by the City of South Bend Redevelopment Commission. GATES and GATES REALTY, LLC By: Larry A. Gates, Member -3-