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3. Exhibit C of the Agreement is amended to read: "EXHIBIT C LOCAL PUBLIC IMPROVEMENTS • Site utilities including stormwater and drainage improvements (per Abonmarche Plan attached as Exhibit C-1) • Sidewalks • Parking Lot paving, striping and landscaping • Railings/stairs • Concrete/ Steps and ramps • Concrete/ Sidewalk • Concrete/Retaining walls • Trash enclosure • Masonry Brick/retaining walls • Electrical Parking Lot Lights • Electrical Fixtures—allowance Parking Lot Lights • Landscaping/Shrubs/Trees/ Seed • Misc. hardware/Bike Racks • Sprinkler System • Conduit for MetroNet" 4. Section III. (F.) of the Agreement is amended to read: "F. Streetscape Improvements. Commission agrees to work with Developer on a plan for completion of the streetscape improvements with respect to the Property, which will be completed by the City within six (6) months after a certificate of occupancy is issued for the Project." 5. The parties acknowledge that as of the date hereof, Developer has not received (or delivered to the Commission) an acceptable commitment for mortgage financing related to the Project and desire to amend Section X(B)(2) of the Agreement to read as follows: "2. If the Developer is unable to obtain mortgage financing for the Project (as revised based on the Site Plan attached hereto as Exhibit B) on a basis and on terms that are reasonably acceptable to Developer on or before August 31, 2014, the Developer shall (a) provide notice of such non-financing to the Commission, and (b) if requested by Developer or the Commission, continue to make diligent efforts to obtain such financing for a.period of an additional sixty (60) days after such request. If the Developer fails to obtain financing after efforts listed above, then the Contract shall, at the option of the Commission or the Developer, be terminated by written notice thereof to the other party, and neither the Commission nor the Developer shall have any further rights against or liability to the other under the Contract.