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construct the Local Public Improvements as provided in SECTION III, Subsection C and Exhibit C and that a delay in completion of the Local Public Improvements, or a deviation from the specifications described in Exhibit C could cause delay in Developer's completion of the Project. As a result, Commission agrees to extend the thirty -six (36) month deadline for completion of the Project by a reasonable amount of time to be determined by mutual agreement of Developer and Commission that is at least the same length of time by which the Commission was late in meeting the LPI Completion Date. E. Burkhart Billboard. Commission agrees to terminate the July 17, 1985 lease with Burkhart Advertising, Inc. for advertising space on the Property (the "Burkhart Lease ") and to remove, or cause to be removed, at no cost to Developer, the billboard situated on the property prior to the date of closing on the sale of the Property to Developer. Commission agrees to take all actions necessary and reasonable under the Burkhart Lease to ensure proper termination of the lease including providing timely notice of termination and ensuring the commencement of construction within ninety (90) days of providing notice. F. Streetscape Improvements. Commission agrees to work with Developer on a plan for completion of the streetscape improvements with respect to the Property. SECTION IV. TIME FOR CERTAIN OTHER ACTIONS. A. Time for Submitting Plans for Design Development Review. The Developer has submitted for approval by the Department of Redevelopment and the Commission, the Site Plan which details building size and location, building materials, construction, and landscaping. Subject to immaterial changes, modifications and revisions, the Site Plan shall be used by the Commission in determining that Developer has completed the Project and is entitled to the Certificate of Completion as provided in SECTION V. B. Time for Submitting Financial Commitment. Prior to closing on the sale of the Property, the Developer shall submit to the Commission evidence satisfactory to the Commission of binding commitments for financing the Project. SECTION V. COMPLETION. A. Certificate of Completion. Promptly after the Developer completes the Project under this Contract and in substantial accordance with the Site Plan, the Commission shall furnish the Developer with a Certificate of Completion for the Project. The Certificate shall be a conclusive determination of satisfaction and termination of all covenants, requirements, obligations and the like in the Contract and Deed for the Project, except the covenants of SECTION VI of the Contract and Section III of the Deed. After the final issuance of the Certificate of Completion for the Project by the Commission, neither the Commission nor any other party shall thereafter have or be entitled to exercise any rights, remedies or controls otherwise available with respect to the Property as a result of a default in or breach of any provisions of the Contract or the Deed by the Developer or any successor in interest or assign, unless: dms.us.53213138.03 4