Reso 2022-086 2nd amendment to DDA

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REVISED DDA SCHEDULE OF PERFORMANCE (June 2022 Revision) Issuance for Vertical Improvements for Developer Restaurant Element, or 3) 72 months following Effective Date of Developer Restaurant Ground Lease 11. Market Element All conditions precedent to commencement of By December 15, 2022 Market Ground Lease (except for the Post - Commencement Conditions) are satisfied or waived by the parties. Effective Date - Execution and commencement of By December 15, 2022. Market Ground Lease occurs. Developer obtains Permit Issuance for Horizontal Within 60 months following Effective Date Improvements for the Market Element of Market Ground Lease Developer commences construction of Horizontal Within first to occur of 1) 90 days of Improvements for the Market Element Permit Issuance for Horizontal Improvements, or 2) 63 months following Effective Date of Market Ground Lease Developer substantially completes Horizontal Within 24 months of Commencing Improvements for Market Element Construction of Horizontal Improvements for Market Element Developer completion of all remaining Post- Prior to first to occur of 1) Permit Issuance Commencement Ground Lease Requirements for for Vertical Improvements for Market Market Element Element, or 2) 87 months following Effective Date of Market Ground Lease Developer commences construction of Vertical Within first to occur of 1) 90 days of Improvements for Market Element Permit Issuance for Vertical Improvements for Market Element, or 2) 90 months following Effective Date of Market Ground Lease Developer substantially Completes Vertical Within 18 months after Permit Issuance for Improvements and receives Temporary Vertical Improvements for Market Element Certificate of Occupancy (TCO) for Market Element Rent Commencement Date occurs The earliest to occur of. 1) 90 days after receipt of TCO, 2 36 months after Permit